The court order states 'A single expert is to be instructed jointly by the parties on the engineering issues. If the parties cannot agree on the expert to be instructed by (date), either party may apply to the court.'
'The fees of the expert shall be paid by the parties equally and be limited to £750.'
In a nutshell what has happened is I went to look at a car last year and noticed a fuel smell coming from the engine bay, I agreed to place a deposit under the condition that the fuel smell would be checked out and nothing was wrong. A few days later I bought the car as the dealer assured me nothing was wrong. A few weeks after this it became apparent that there were problems with starting and the fuel smell had worsened. The dealer offered to have another look so I took it back, after some heated phone calls I eventually got the car back 10 days later in the same, if not worse condition than before. A few weeks later driving home from work the car lost all power, took it to VW and they said there's no compression in 2 of the pistons and there possible engine damage but can't diagnose without further investigation.
The judge has said we need a mechanical engineer to look at the car and determine if the faults were there within 6 months of purchase(which they were!) or after 6 months. As we can't agree I would like the court to pick an engineer so I am wondering how to do this? I've rang the court and the lady said to use an N244 form which costs £155 but the judge said nothing of this. All he said was that they could pick an engineer from a list?
Thanks Andy, yes this is small claims track and I opted for a expert in my application.