Small Claims Court (Money Claim). Who to name?
Small Claims Court (Money Claim). Who to name?
Author
Discussion

Shinyfings

Original Poster:

278 posts

69 months

Thursday 9th November 2023
quotequote all
Hi my MX5 has developed a well known fault and I’ll need get it repaired. I don’t imagine that Mazda will be helpful so I’m going to get the repair done (after of course getting their input). I’ve little to lose in making a claim and as this is a well known and well documented issue, the possibility of success. My question is simply who do I name in the court application? I assume Mazda UK? Last time I used money claim it was to pursue a Land Rover dealer who damaged my car so easy to work out who to name.

littleredrooster

6,116 posts

218 months

Thursday 9th November 2023
quotequote all
So you're going to get it repaired and then think about taking action? Hmmm...

If you're looking at a common fault (oil burning/bottom end failure?), you may do well to google other actions which have been taken on this issue.

shinyfings said:
I’ve little to lose in making a claim and as this is a well known and well documented issue, the possibility of success.
I don't understand this sentence. Is there something missing?


Shinyfings

Original Poster:

278 posts

69 months

Thursday 9th November 2023
quotequote all
littleredrooster said:
So you're going to get it repaired and then think about taking action? Hmmm...

If you're looking at a common fault (oil burning/bottom end failure?), you may do well to google other actions which have been taken on this issue.

shinyfings said:
I’ve little to lose in making a claim and as this is a well known and well documented issue, the possibility of success.
I don't understand this sentence. Is there something missing?
As is sadly often the case, a simple request for advice is made and yet we get a commentary that wasn’t asked for. You might want to read up on how the small claims court works. It’s not make up a figure and try and get it. The idea is you claim for what has been lost/ costs incurred.
.

spikeyhead

19,557 posts

219 months

Thursday 9th November 2023
quotequote all
Shinyfings said:
My question is simply who do I name in the court application? I assume Mazda UK?
From whom did you purchase your car?

...and why do you think they are liable in law to cover your expense?

Simpo Two

90,904 posts

287 months

Thursday 9th November 2023
quotequote all
Shinyfings said:
As is sadly often the case, a simple request for advice is made and yet we get a commentary that wasn’t asked for. You might want to read up on how the small claims court works.
Well you clearly know more than us, so crack on. And I'll sue Aston Martin for a few £K; thanks for the idea smile

Amateurish

8,226 posts

244 months

Thursday 9th November 2023
quotequote all
You would name the company or person you bought it from.

vaud

57,648 posts

177 months

Thursday 9th November 2023
quotequote all
Shinyfings said:
As is sadly often the case, a simple request for advice is made and yet we get a commentary that wasn’t asked for. You might want to read up on how the small claims court works. It’s not make up a figure and try and get it. The idea is you claim for what has been lost/ costs incurred.
.
Who sold the vehicle to you?

littleredrooster

6,116 posts

218 months

Thursday 9th November 2023
quotequote all
Shinyfings said:
littleredrooster said:
So you're going to get it repaired and then think about taking action? Hmmm...

If you're looking at a common fault (oil burning/bottom end failure?), you may do well to google other actions which have been taken on this issue.

shinyfings said:
I’ve little to lose in making a claim and as this is a well known and well documented issue, the possibility of success.
I don't understand this sentence. Is there something missing?
As is sadly often the case, a simple request for advice is made and yet we get a commentary that wasn’t asked for. You might want to read up on how the small claims court works. It’s not make up a figure and try and get it. The idea is you claim for what has been lost/ costs incurred.
.
As is sadly often the case, you haven't understood my question. Read your quoted sentence again.

We are being drip-fed bits of a (potentially) complex case and we don't get details which may be pertinent to the case.

I know fine well how well the small claims court works, but unless you give some details of (in your words) "what has been lost/costs incurred", we are all just guessing.

Just FYI, I'm on my third MX-5, so know about the failings of the things.

In the words of the famous 'Dragon', ...."aaam oot..."

Boosted LS1

21,200 posts

282 months

Thursday 9th November 2023
quotequote all
The person who sold the car to the OP should be given the chance to carry out an inspection and rectify if at fault. Ammm oot to ;-)

spikeyhead

19,557 posts

219 months

Friday 10th November 2023
quotequote all
Boosted LS1 said:
The person who sold the car to the OP should be given the chance to carry out an inspection and rectify if at fault. Ammm oot to ;-)
If only we knew how long it had been between buying the car and the fault developing

Hammersia

1,564 posts

37 months

Friday 10th November 2023
quotequote all
spikeyhead said:
Boosted LS1 said:
The person who sold the car to the OP should be given the chance to carry out an inspection and rectify if at fault. Ammm oot to ;-)
If only we knew how long it had been between buying the car and the fault developing
Nah, I think that's part of the fun in threads like these. It's the excitement of not knowing.

vaud

57,648 posts

177 months

Friday 10th November 2023
quotequote all
OP if you actually want help then you will need to describe more of the situation and history, ideally as simple bullet points

  • I bought the car, a 2017 MX5 on 1/1/20 from a Mazda dealer
  • On x date it developed y fault
  • Dealer tried to fix 3 times but problem persists
  • Dealer now refuses to fix
  • I have found a specialist indie who can fix for £xxx
  • How do I claim the loss from the dealer and/or Mazda
etc

You will get much more constructive replies.

Short Grain

3,419 posts

242 months

Friday 10th November 2023
quotequote all
vaud said:
OP if you actually want help then you will need to describe more of the situation and history, ideally as simple bullet points

  • I bought the car, a 2017 MX5 on 1/1/20 from a Mazda dealer
  • On x date it developed y fault
  • Dealer tried to fix 3 times but problem persists
  • Dealer now refuses to fix
  • I have found a specialist indie who can fix for £xxx
  • How do I claim the loss from the dealer and/or Mazda
etc

You will get much more constructive replies.
Pah, You and your sensible advise! Where's the fun frustration in that? wink

Durzel

12,946 posts

190 months

Friday 10th November 2023
quotequote all
Shinyfings said:
littleredrooster said:
So you're going to get it repaired and then think about taking action? Hmmm...

If you're looking at a common fault (oil burning/bottom end failure?), you may do well to google other actions which have been taken on this issue.

shinyfings said:
I’ve little to lose in making a claim and as this is a well known and well documented issue, the possibility of success.
I don't understand this sentence. Is there something missing?
As is sadly often the case, a simple request for advice is made and yet we get a commentary that wasn’t asked for. You might want to read up on how the small claims court works. It’s not make up a figure and try and get it. The idea is you claim for what has been lost/ costs incurred.
.
I think he was saying that your sentence was gibberish, which it was.