Thinking of taking a couple of companies to small claims court

Discussion in 'Capri Chit Chat' started by jerome-v6, 13 November 2018.

  1. jerome-v6

    jerome-v6 Registered Capri Power Member

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    Hey Guys, I wont mention any names, in 2010 I spent a lot on cylinder heads and engine rebalancing. I kept all the receipts. I can prove the car has done less than 500 miles since then.
    My capri's at Ric woods at the moment as the engine has never been right and runs as rough as a diesel. I thought I'd treat myself to a Ric rebuild. He said the engine has never been balanced and the exhaust valves are bigger than the inlet valves on my supposed stage 3 heads, the con rods are mismatched etc!!
    I could get him to do an engineers report.
    I'm thinking or scanning the invoices and emailing them over to these 2 companies and saying as a token of good will please refund what you've charged me for and obviously haven't done. I'm 100% serious about going to small claims court. If I mentioned the two companies you'd all say 'Yeah it doesn't surprise me with those guys'
    I'm aware there's usually a 6 years statute. After 8 years what do you guys think?
     
  2. twin turbo

    twin turbo Registered Capri Power Member

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    Hard to say so long after... But would give them a chance to repay before bother with a offisial claim..
     
    Last edited: 13 November 2018
    panch likes this.
  3. Rafer

    Rafer Registered Capri Power Member

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    You should name and shame as someone else might use the same people and may not have the money to get the problems rectified.
    It should go back to when companies worked on recommendation's and not who can do the work the cheapest or who has the better looking web page or advert!
    If enough people shout about bad workmanship the company themselves have the opportunity to better the service that they provide for paying customers.
    At this point in time I am saving up for a full engine rebuild and would be gutted if I took my work to the same companies.
    So please name and shame as you have done nothing wrong as they have provided you with inferior work.
     
  4. CapriGear

    CapriGear Capri Gear Trader

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    I'm no legal expert but I wouldn't think that after eight years you'd be in a very strong position. Rather than ask for opinions on here - unless there are any solicitors as members I would get professional advice then you'd know for sure.
     
  5. Crash & Burn

    Crash & Burn Registered Capri Power Member

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    I did enough work in small claims court to suggest you consult a solicitor first, as Martin suggests. Despite the strength of your evidence and argument, the statute of limitations is a hard rule to overcome, and would likely require a showing of some special circumstances to do so. That would have to be accomplished before the court would even hear your case. In our courts, the solicitor can't appear there for you, but nothing wrong with consulting one first, and one of the primary issues of that discussion should be that statute of limitations. It would also be proper to pay Ric Wood for any report or testimony if needed, which may be compensable in addition to the direct judgment amount if you prevail - another facet to plan with professional advice.
     
    Clockwork Orange likes this.
  6. BigJ

    BigJ Registered Capri Power Member

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    On the bright side, I have a Ric Wood BOA engine in mine and it’s great so something to look forward to
     
  7. Clockwork Orange

    Clockwork Orange Electrical ??? what like .. bzztt Feck !!! Staff Member Moderator

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    I would concur with words above .. if you are serious, 2 things-
    - good lawyer and discuss thoroughly,
    - consult with your current builder to ensure he is on-side about getting involved.

    - and for as uncomfortable as it is, I wouldn't go spreading any names until you have consulted and have the way forward properly sorted out !!
    that way you don't get into bother yourself
     
  8. MarkW

    MarkW Registered Capri Power Member

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    Somebody once said to me, there is more than one way to skin a cat when faced with the very same scenario. I am not sure what they mean, maybe it's a legal term.
     
  9. Crash & Burn

    Crash & Burn Registered Capri Power Member

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    Not a legal term (though 'tis a handy way to think in the legal arena), just a way to say there might be another approach. The old popular way here with cars is to park the car with its obvious defects showing, or a sign describing them, in front of the business but off their property where potential customers will see it, but the business can't do anything about it. The idea is that the business will eventually pay so you will remove the car. I'd guess it works maybe 5% of the times tried. But maybe there are more than two ways, so use your imagination. If you owned that business, what would change your mind about this?
     
  10. brettp

    brettp Registered Capri Power Member

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    I had the same thing at crap conversions got the parts refunded but I think he took after people for a lot of money I would think they would want to protect their reputation so A LOT of bad publicity would cost them more in the long run
     
  11. Laser

    Laser Laser Staff Member Moderator

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    On the bright side though you have one of the best capri friendly engine specialist on side now, its possibly beyond recompense with the pursuit of old alleged work as they could and most probably will say the work has been tampered with over the last 8 years .
     

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