Hi,

Could someone please tell me which small claims court I would need to use.

We sent our BMW Engine block to be remanufactured by a company called 1st choice engineering Ltd.

Now I live in West Yorkshire and the company is based in Scotland.

They are refusing to take my credit card as payment and demanding we pay via bank transfer.

This was not made clear at the start of the contract and no terms were given to sign.

So which courts would I issue a small claim through England or Scotland?

One more thing... a new engine block would cost me around £3000 from BMW were as the remanufacturing of the old engine block was £1300

(which 1st choice engineering Ltd still have and will not release without payment),

do I claim for the cost of new.

Any help would be great.

Probably the Sheriff Court for the Sheriffdom in which the company are located. Google the Scottish Courts service for more information on that, as well as how to process your claim.

I'm intrigued however as to what you are claiming - small claims are intended for you to recover money that you are owed, or losses that you have incurred. It doesn't strike me that either applies in this case and it looks more like a dispute over contract conditions. Any company has the absolute right to refuse payment by credit card unless they have previously contracted with you to permit it, and by your own admission they did not. The only payment they are not allowed by law to refuse is one made in Legal Tender and so I'd suggest that them asking for payment by Bank Transfer would be upheld in court. Is the simple, and probably less expensive solution, not to get a bank loan at a lower interest (10%?) rate than your card will charge (at least 18%) and then transfer the money as asked for.,

As the work has been completed...they have fulfilled their obligations on contract...the payment issue is your problem....not the Courts.

Andy

Have they given their reason for not accepting credit card payments, bearing in mind their website clearly displays the Visa & Mastercard logos?

http://www.1stchoiceengineering.co.uk/service/engine-repairs/

Interesting. It could be argued that displaying these symbols informs the purchaser that they do indeed accept payment by MasterCard and that that is therefore a contract condition which 1st Choice Engineering have breeched. On the other hand.........it could be a good earner for their defence lawyer and a big bill for the plaintiff if he takes it to court and loses.