Garage problems now moneyclaim online...***Judgment for Claimant***

[Amin1991]

Hey guys and girls!

 

This is my first post, so please be easy

 

In November last year, I had some mechanical work carried out by a large franchise in Leicester

and they 'damaged' my fuel pump.

Upon collection, It was evident that they had damaged the fuel pump but weren't owning up.

 

the morning after, I took it to a garage in Nottinghamshire which diagnosed it as

'incorrect installation' by the garage who worked on it.

 

I paid for a brand new fuel pump etc and the garage in Nottinghamshire,

provided me with a engineers report based on their findings and experience.

 

I then took this document to the garage in Leicester who had worked on the vehicle,

BUT they chucked it back in my face and said a few not so good words which worked me up a bit.......

 

I then called my bank and did a charge back and provided the necessary documentation

and they agreed and had then refunded me the labour which was paid to the first garage who damaged it.

 

Just over 3weeks ago, the bank took the money back out

and told me the first garage had challenged it etc etc so it went back.

 

I then rang the garage and asked in a calm manner,

what can be done to resolve this issue and was told,

I would get a call by the end of the day but I didn't.

 

A week later,

I opened a case on moneyclaimonline and paid the relevant fees and submitted everything.

Now today, I've received a letter saying, the defence have filed a counterclaim etc

and is for the sum of my original case of £500.

 

I've been really stressed out since I came home in the evening

and don't know what to do.

 

I've also thought about walking away from it now,

but the letter states that it requires me to fill it in:( .

 

There is also a letter about 'mediation' which I understand is a person who will be like a 'middle man'

and will hear both sides before offering a resolution.

 

I've even thought of walking away now and will happily let the garage keep my money etc

and just take it as a lesson learnt,

but what options do I really have?

 

They filed a counter claim for £500 because 'damaging our reputation'.

Surely, if their reputation was so important,

they would have resolved it with myself before it got to this stage?

 

Any help is most welcomed as I really am stressed:(

[dx100uk]

well they should do a proper job then.

 

 

carry on with your claim IMHO.

 

 

dx

[Amin1991]

well they should do a proper job then.

 

 

carry on with your claim IMHO.

 

 

dx

 

I'm scared what if I lose? that's my worst fear

[AndyOrch]

" They filed a counter claim for £500 because 'damaging our reputation'. "

 

You cant counter claim for damaged reputation (there has to be a financial loss with evidence)...proceed with your claim......their CC will be dismissed.

 

Andy

[Amin1991]

" They filed a counter claim for £500 because 'damaging our reputation'. "

 

You cant counter claim for damaged reputation (there has to be a financial loss with evidence)...proceed with your claim......their CC will be dismissed.

 

Andy

 

Thanks buddy. I feel slightly more confident now.

 

Which route should I take? I was thinking of the mediation route, but would like peoples opinions first before I make the wrong decision.

 

Kind regards

 

Amin

[Amin1991]

The letter states the below;

 

'What are your reasons for making the counterclaim?'

 

THE CLAIMANT HAS DAMAGED OUR REPUTATION, CALLED US VARIOUS OBSCENE WORDS AND MADE US DEFEND OUR POSITION AGAINST CREDIT CARD PROVIDERS AND NOW THE COUNTY COURT. THE CLAIMAINT IS NOT A GOOD CUSTOMER TO ANYONE AND SHOULD BE RESPONSIBLE FOR HIS ACTIONS'.

 

Those are the exact words which were used by the defence. The funny this is, I had a 2004 Audi A4 1.8T cabriolet the year before (2014), and they carried out the oil pickup pipe repair and oil pump but did a great job, with no problems at all, hence why I returned to them!

[dx100uk]

you have to mediate anyway..

 

 

however, IMHO, if they will not pay your complete claim+your court costs under mediation

to save their name

then I would not agree

[Amin1991]

you have to mediate anyway..

 

however, IMHO, if they will not pay your complete claim+your court costs under mediation

to save their name

then I would not agree

 

I can not thank you enough for helping me in this matter.

Thank you so much.

 

I wanted to walk away from it, but the attitude from the director is disgusting.

 

The reason for my obscenities was, when I handed the director the engineers report to read,

he took one look at it and I mean literally, chucked it in my face

and said something along the lines of 'bullsh** , what a load of rubbish'.

[BazzaS]

The letter states the below;

 

'What are your reasons for making the counterclaim?'

 

THE CLAIMANT HAS DAMAGED OUR REPUTATION, CALLED US VARIOUS OBSCENE WORDS AND MADE US DEFEND OUR POSITION AGAINST CREDIT CARD PROVIDERS AND NOW THE COUNTY COURT. THE CLAIMAINT IS NOT A GOOD CUSTOMER TO ANYONE AND SHOULD BE RESPONSIBLE FOR HIS ACTIONS'.

 

Those are the exact words which were used by the defence. The funny this is, I had a 2004 Audi A4 1.8T cabriolet the year before (2014), and they carried out the oil pickup pipe repair and oil pump but did a great job, with no problems at all, hence why I returned to them!

 

If they want to allege defamation, they can't do it (and succeed / recover!) in the County Court.

Just how they intend to show you are "NOT A GOOD CUSTOMER TO ANYONE" is unclear.... "to anyone"?!

 

Forget their counterclaim.

How much is the claim : counterclaim for?

If on the small claims track, costs are strictly limited anyhow.

 

Push on. Agree mediation : if only to clarify through it what areas you agree on (the amount of the claim?) so if it comes to court the court can focus on the areas of disagreement (they say they don't owe it, you say why they do!)

[reallymadwoman]

I would suggest that they've got the office junior to submit that defence as it has absolutely no merit and will achieve nothing other than to make them look really stupid.

 

You have independent evidence from the second garage to back your claim so keep going. If you back out now you not only let this garage win in your case but also encourage them and anyone else to think that anyone who threatens legal action is bluffing and will back down at the first hurdle.

 

Which form exactly have you been asked to fill in?

[BankFodder]

Please will you let us know who the garage is.

 

Please will you also post up in PDF format scans of the court papers issued so far.

 

Although their counterclaim is entirely ridiculous, I think that you probably need to file a defence to it. We will help you

[Amin1991]

If they want to allege defamation, they can't do it (and succeed / recover!) in the County Court.

Just how they intend to show you are "NOT A GOOD CUSTOMER TO ANYONE" is unclear.... "to anyone"?!

 

Forget their counterclaim.

How much is the claim : counterclaim for?

If on the small claims track, costs are strictly limited anyhow.

 

Push on. Agree mediation : if only to clarify through it what areas you agree on (the amount of the claim?) so if it comes to court the court can focus on the areas of disagreement (they say they don't owe it, you say why they do!)

 

The original claim is for £535 which is inclusive of the £35 moneyclaimonline fees. Can I agree mediation over the telephone to the relevant department or would I have to send back the load of papers they've sent?

 

Kind regards

[Amin1991]

I would suggest that they've got the office junior to submit that defence as it has absolutely no merit and will achieve nothing other than to make them look really stupid.

 

You have independent evidence from the second garage to back your claim so keep going. If you back out now you not only let this garage win in your case but also encourage them and anyone else to think that anyone who threatens legal action is bluffing and will back down at the first hurdle.

 

Which form exactly have you been asked to fill in?

 

The defence looks like to have come directly from the director as his name has been filled in.

 

I've got quite a few forms to fill in such as the 'DIRECTION QUESTIONNAIRE (small claims track) and the 'DEFENCE and COUNTERCLAIM (specified amount'.

 

Reading the papers again, it looks like mediation will most likely sort things out, but the question is how much of the money I am owed will I receive back.

 

Kind regards

 

Amin

[Amin1991]

Please will you let us know who the garage is.

 

Please will you also post up in PDF format scans of the court papers issued so far.

 

Although their counterclaim is entirely ridiculous, I think that you probably need to file a defence to it. We will help you

 

 

 

Will I be allowed to post up who it is, as they've already said I've tried damaging their reputation? Its a large chain of VW specialists in the UK and apparently, they've got loads of branches around the UK.

 

I don't understand why I am required to fill in the 'DEFENCE AND COUNTERCLAIM (specified amount)' , when I originally made the claim.

 

Thank you as well for your help, I really appreciate it.

[king12345]

I don't understand why the bank returned the money to the merchant just because they complained about it.

I would have insisted on a chargeback episode 2.

[AndyOrch]

" I don't understand why I am required to fill in the 'DEFENCE AND COUNTERCLAIM (specified amount)' , when I originally made the claim. "

 

Because they made a counterclaim (part 20) so in effect you are now the Part 20 Defendant...and therefore have to respond to their counter claim with a defence/response.

 

I will run through this with you Amin1991 over the weekend and go through the mediation/ DQ procedure.

 

Regards

 

Andy

[Amin1991]

I tried to get another chargeback when I initially discovered, that the original one was returned and I was advised that only one per transaction is permitted.

 

 

 

Andyorch- Thank you so much.

 

I just want to get over this as soon as possible as I don't really like the hassle

[Amin1991]

Hey guys! Good morning

 

I was just wondering if anyone could help me please as I don't know what to write for the defence on the counterclaim section. Any help would be greatly appreciated

 

Kind regards

 

Amin

[reallymadwoman]

Something along the lines of 'the counter claim reveals no cause of action and is totally without merit'.

 

Post up what you draft and you'll get help to edit.

[Amin1991]

Something along the lines of 'the counter claim reveals no cause of action and is totally without merit'.

 

Post up what you draft and you'll get help to edit.

 

How does this sound...

 

The counter claim which has been received by the defendant reveals no cause of action and is totally without merit.

 

 

My claim value consisted of a new fuel pump as the one damaged by the garage was beyond repair

and I was advised by the 2nd garage, that they would not tamper with it as it was in such a poor state.

 

 

The sealing O ring had not been seated correctly and the push rod was damaged due to possible excessive force/incorrect installation.

 

 

The garage who have damaged the original fuel pump have stated, that the push rod represents

I quote '£45-£50 of the total invoice amount' but then also mention, I quote once again

'The fuel pump push rod is not available from VW', so where have they got this magical figure from may I ask.

 

 

They (the garage who damaged my vehicle), also state that in the defence letter that I quote,

 

 

'we do not encourage the fitment of modified, non standard fitment',

however when I had initially made a call to The garage, the director Martin

had told me that they have not done any before,

but can undertake any job and are capable to do I quote 'anything'.

If they were to advise me otherwise, I would have simply taken my custom elsewhere.

 

 

The garage also state in their defence letter that, they have

'made no promises through any third party's' which is correct,

however my bank had advised me when I queried about the charge back,

that the garage had mentioned they have tried to contact me but failed to do so which they didn't.

 

 

The garage director promised me directly, that he would get back to me once he has read the 'file' and discuss matters,

but never did so which is why I have decided to take the small claims route.

 

How does this sound guys?

[AndyOrch]

get back to you later on this amin..I have not forgot you:-)

[Amin1991]

get back to you later on this amin..I have not forgot you:-)

 

Thank you Andy . I don't mean to be a bother buddy, but I just want to have a strong case so the court throw the garages story out!

[AndyOrch]

'What are your reasons for making the counterclaim?'

 

THE CLAIMANT HAS DAMAGED OUR REPUTATION, CALLED US VARIOUS OBSCENE WORDS AND MADE US DEFEND OUR POSITION AGAINST CREDIT CARD PROVIDERS AND NOW THE county court. THE CLAIMANT IS NOT A GOOD CUSTOMER TO ANYONE AND SHOULD BE RESPONSIBLE FOR HIS ACTIONS'.

 

Reply/Defence to a part 20 counterclaim is optional and need only be served if you wish to allege facts in answer to the defence which were not included within your particulars of claim.

 

Whereas if a Defendant who fails to respond to an allegation in his defence is deemed to admit it,the opposite is true in a reply.Unless a claimant makes an express admission the defendant will be required to prove statements made in his defence whether the claimant files a reply or not.

 

If you wish to file a reply it must not be inconsistent with matters set out in your particulars of claim,nor must it seek to introduce new types of claim (IE Damages/Reputation )

 

 

 

Rule 15.8(a) provides that a claimant must file any reply with his allocation questionnaire. Where the date by which he must file his allocation questionnaire is later than the date by which he must file his defence to counterclaim (because the time for filing the allocation questionnaire under rule 26.3(6) is more than 14 days after the date on which it is deemed to be served), the court will normally order that the defence to counterclaim must be filed by the same date as the reply.

 

Regards

 

Andy

[Amin1991]

'What are your reasons for making the counterclaim?'

 

THE CLAIMANT HAS DAMAGED OUR REPUTATION, CALLED US VARIOUS OBSCENE WORDS AND MADE US DEFEND OUR POSITION AGAINST CREDIT CARD PROVIDERS AND NOW THE county court. THE CLAIMANT IS NOT A GOOD CUSTOMER TO ANYONE AND SHOULD BE RESPONSIBLE FOR HIS ACTIONS'.

 

Reply/Defence to a part 20 counterclaim is optional and need only be served if you wish to allege facts in answer to the defence which were not included within your particulars of claim.

 

Whereas if a Defendant who fails to respond to an allegation in his defence is deemed to admit it,the opposite is true in a reply.Unless a claimant makes an express admission the defendant will be required to prove statements made in his defence whether the claimant files a reply or not.

 

If you wish to file a reply it must not be inconsistent with matters set out in your particulars of claim,nor must it seek to introduce new types of claim (IE Damages/Reputation )

 

Rule 15.8(a) provides that a claimant must file any reply with his allocation questionnaire. Where the date by which he must file his allocation questionnaire is later than the date by which he must file his defence to counterclaim (because the time for filing the allocation questionnaire under rule 26.3(6) is more than 14 days after the date on which it is deemed to be served), the court will normally order that the defence to counterclaim must be filed by the same date as the reply

 

Regards

 

Andy

 

Hey Andy

 

So to clarify, I am not required to write anything in section 3 'defence' correct?

 

I see that you have mentioned, that because they have not directly responded to my claim,

but instead made a ridiculous counter claim, I am not required to respond?

[AndyOrch]

Correct.... just complete and file the Directions Questionnaire.