Solicitors or Laywers needed!!!

[brandona4]

Lads, as my court case nears (against the feckers that ruined my 3.2 with an angle grinder), I was wondering if any of you could give me a helping hand (in the form of advice) about the type of evidence and degree of evidence you would normally need for the small claims court. (Solicitors or Laywers) especailly welcome!

Previous Thread

Question 1/ . The damage is plainly obvious to my car, the builders on the other hand claim that it could have been caused by stonechips (on the whole car, inc. roof, yeeehh right) or salt from the roads (after the hottest day of the year!!! yehh right)

When you see it in the flesh it speaks for itself, but obviously i cannot drive it on the witness stand or seal it in a plastic bag! (not easily anyway) /ubbthreads/images/graemlins/beerchug.gif

So what do i do???
The Audi body shop that formed the quote, which formed my claim, won't issue a damage report, only a repair report. So do I need the AA to verify the bodywork damage to my car (if they can) at great expense or will a letter from a couple of reputable valeters (Lellers/Chips Away) and a photo of the bodywork do.

Question 2/ Are witness statements needed or just a waste of time?

Question 3/ Anyone know any good bodyshops in the London/Essex area?

Thanks in advance saviours!
/ubbthreads/images/graemlins/1luvu.gif /ubbthreads/images/graemlins/1luvu.gif /ubbthreads/images/graemlins/1luvu.gif

 

[richy]

photos etc help alot
show evidence of the type of damage from stone chips and then show pics of yhour damage. make it clear that this is not possible that the damage has occured from anything but them....

simple. and good luck

 

[steeve]

Expert witness would be helpful, some member of a recognised organisation like the AA, RAC or the Motor Industry, pictures etc as much as you can. Be worth paying for the expert as I think if you win you claim that back in costs...........
Have you seen a solicitor?
Good luck

 

[LYRAC]

Which magazine have a Legal Department which is available to members and they are good. Join Which and then take the offer of joining the legal section. Legal for 6mths aprox £9.00. Worth a look at their web site?

 

[Remster]

You'll need to show two things really;
1/ that the damage to your car was caused in the way you are saying and not by stonechips etc
2/ that the damage was caused by the builders.
If you can show both of these, you should be fine.

 

[brandona4]

[ QUOTE ]
You'll need to show two things really;
1/ that the damage to your car was caused in the way you are saying and not by stonechips etc
2/ that the damage was caused by the builders.
If you can show both of these, you should be fine.

[/ QUOTE ]

Thanks guys.
Unfortunatley i have no video of them doing the work but i do have quite a body of evidence against them. If you were to see the car in situ with the marks on the wall where they were doing the work, you woud all agree (it is that obvious).
Im getting lots of pictures, statements and reports that hopefully should swing it for me.

 

[RacingTeatray]

Johnnywb is correct in saying that you have to prove that the damage to your car was caused by the builders in the way you are saying and not by stonechips etc. Photographic evidence and expert witnesses will help this but be careful to weigh the costs of repairing the damage against the potential costs of not winning any action against the builders for want of evidence.

Have you tried sending them a draft submission to the small claims court? Costs not a lot to file and the forms are available on the internet - see this link for information on how the system works: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex307_0405.pdf

Often just receiving court papers in draft in enough to scare people into settling with you.

Hope this helps.

 

[skempster]

Photos definitely helpful. Do you have any good photos of the condition of the paintwork before you parked there?

I would also take photos of the site where you parked, showing where the work was being done. Possibly a photo of the tool they were using which may give the Judge an idea of what kind of damage could be caused to nearby objects when it is in use.

Judges like Witness Statements because it gives them something to read and think about before they get to Court. If the only statement you can provide is your own then it may be less important to do one but personally I would do it if you have time. A witness statement from an independent witness confirming they saw the damage occurr is obviously worth its weight in gold.

There may be a risk that if you pay for an expert report regarding the cause of the damage to your car that you might not recover the cost from the losing party. The Court might feel that the report was unnecessary or the cost disproportionate. I think there may also be a limit of about £200 for expert's reports in small claims cases. Unless you can get a report very cheaply, the best thing might be to go to the hearing with your other evidence and if the Judge feels that he needs an expert report then you can suggest that he give a direction that the hearing be adjourned so a report can be obtained and that the cost of the report will then be met by the losing party.

You will also need to provide the repair report from the audi body shop in any event, so that the Court knows what damages to award to you when you win.

Good luck.

 

[medicineman]

Do you have legal help as part of either your car insurance (it is usually independant of your insurance even though its part of your premium), house insurance or work/union/professional body?

 

[brandona4]

[ QUOTE ]
Do you have legal help as part of either your car insurance (it is usually independant of your insurance even though its part of your premium), house insurance or work/union/professional body?

[/ QUOTE ]

Nice idea, but i'm not going through the insurance. It will bite me on the **** when it comes to renewel! /ubbthreads/images/graemlins/goofy.gif
I'm trying the small claims route.
I have quite a good case so i'm being optimistic and i have tackled far greater challenges than this. /ubbthreads/images/graemlins/cool.gif

 

[marriedblonde]

You can call on the legal help without it effecting your insurance. That what you pay the additional £10 for. Or if you are with the RAC or AA they will offer free advise as well all part of the service.

J.

 

[skempster]

The home insurance angle might be a good idea - the value of a no claims bonus on that should be lower than on your car insurance. My gut instinct is that it wouldn't be a car insurance matter but you would need to check your car policy and the home insurance legal cover policy to see how they fit together.