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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13870
Experience:  Senior Associate Solicitor
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Dear, From our previous communications, you might recall

Customer Question

Dear *****,
From our previous communications, you might recall that I had an issue with the car warranty company and Jaguar dealership in ref to changed contract due to my private hire/chauffeuring work. The car warranty company refused the claim because the original contract didn't allow Private Hire work (attaching the letter to refresh your memory). They didn't make any ref to other issues.
I am now thinking of filing two separate claims through http://www.moneyclaim.gov.uk. I would appreciate your thoughts on the following.
One claim for the dealership (£10K) for not using the Jaguar recommended oil hence causing the engine to fail. £10K was the minimum engine replacement cost at an authorised dealership according to the dealership's quotation when I was enquiring about the option of them replacing the engine out of my pocket.
The second claim for both companies for refusing to comply with contract change.
As
a- The dealership was reluctant to conduct a proper diagnosis for the engine between 89K-98.2 miles.
b- Loss of valuable time and money until now:
a. Getting the car towed/leaving at the dealership
b. Not being able to use the car properly between 89K and 98.2K miles
c. Getting a replacement car hire to continue Private Hire work from 22 March 2021
d. Loss of business due to not being able to conduct executive chauffeuring.
I believe my loss of income adds up to roughly £10K as well.
Do you think It would be a wise move, or shall I try another way?
Thank you
Submitted: 9 days ago.
Category: Law
Expert:  Virtual-mod replied 8 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 8 days ago.
I would appreicate if you could connect me to Jim (he has the knowledge of the issue as I communciated with him a nımber of times and answered my previous questions very efficiently).
Thank you
Expert:  JimLawyer replied 8 days ago.

Hello, this is Jim and welcome back to JustAnswer. Thanks also for requesting me to help you further with this.

Expert:  JimLawyer replied 8 days ago.

I would agree with the claim against the dealership for not using the correct oil. If the claim is for £10,000 then it should fall under the small claims limit which is fine. You may want to obtain a report from a motor mechanic just to back up your allegation against the dealership. You can recover the cost of a report, anything up to £750 in a small claim.

Customer: replied 8 days ago.
Hello Jim,
Thanks for accepting my request. I already posted the developments here. I am posting underneath just in case.Dear *****,
From our previous communications, you might recall that I had an issue with the car warranty company and Jaguar dealership in ref to changed contract due to my private hire/chauffeuring work. The car warranty company refused the claim because the original contract didn't allow PrivateHire work (attaching the letter to refresh your memory). They didn't make any ref to other issues.
I am now thinking of filing two separate claims through http://www.moneyclaim.gov.uk. I would appreciate your thoughts on the following.
One claim for the dealership (£10K) for not using the Jaguar recommended oil hence causing the engine to fail. £10K was the minimum engine replacement cost at an authorised dealership according to the dealership's quotation when I was enquiring about the option of them replacing the engine out of my pocket.
The second claim for both companies for refusing to comply with contract change.
As
a- The dealership was reluctant to conduct a proper diagnosis for the engine between 89K-98.2 miles.
b- Loss of valuable time and money until now:
a. Getting the car towed/leaving at the dealership
b. Not being able to use the car properly between 89K and 98.2K miles
c. Getting a replacement car hire to continue Private Hire work from 22 March 2021
d. Loss of business due to not being able to conduct executive chauffeuring.
I believe my loss of income adds up to roughly £10K as well.
Do you think It would be a wise move, or shall I try another way?
Thank you
Expert:  JimLawyer replied 8 days ago.

You can have two defendants in one claim by the way. So it would make sense to issue one claim, name two defendants - it would be much easier and less messy to do it that way. You can claim for your other losses (the other £10K). The money claim online site should let you issue a claim against two defendants. You can register here, assuming they do not reply to your letter before action (which would be required before you issue a claim, to give them 14 days to pay and avoid court action) :
https://www.moneyclaim.gov.uk/web/mcol/welcome

Expert:  JimLawyer replied 8 days ago.

You can claim reasonably incurred losses due to their breach, so the items a-d look fine to me, to claim back.

Expert:  JimLawyer replied 8 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 8 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 8 days ago.
I shall name both companies as defendants in two seperate small claims (£10K each claim). One for breach of contract and one for negligence. Is that correct?
Expert:  JimLawyer replied 8 days ago.

I would name them both in one claim. You can allege breach of contract against one and another for negligence. Claim your full loss in one claim (with two named defendants).

Customer: replied 8 days ago.
But there is a limit of £10K for small claims and my total claims are £20K. Am I missing sonething?
Expert:  JimLawyer replied 8 days ago.
The money claim site allows you to claim a sum up to £100K. It would be a fast track case if your claim is over £10K but under £25K. You’d only pay one court fee if you issue one claim. Or you could issue two and pay two fees. The risk is the court may consolidate both claims in to one if the facts are similar and the dispute is linked. You can issue two claims by all means. It’d be your choice. A fast track case is slightly more complex and takes a bit longer though you can use this site for ongoing help. Thanks
Expert:  JimLawyer replied 8 days ago.

Court issue fee for x2 small claims of £10K each : £455 x 2 which is £910.
Two hearing fees - £335 x 2 which is £670
So your total court fees could be £1580.
Whereas, if you chose to issue one claim against two : court issue fee is £1000 and the hearing fee is £335 (£1335 total).
So it'd be £245 cheaper on court fees to issue one claim against two.
This all assumes you do not qualify for a court fee exemption (e.g. being on a low income, have low savings or in receipt of means tested benefits)

Customer: replied 8 days ago.
I see. So what if I made a small claim (10K£) to the dealership for wrong oil related negligance and waited and filed another one to both of them (again for 10K) for breach of contract afterwords. That would save me a lot also avoid their court costs. Do you think this can work?
Expert:  JimLawyer replied 8 days ago.

Yes, that should work as the cause of action are different (breach of contract, negligence)

Customer: replied 8 days ago.
Thank you. Do you see any negative in that apart from the obvious: waste of time?
Expert:  JimLawyer replied 8 days ago.

The courts want to ensure cases are conducted efficiently as per the overriding objective. So if your first claim was defended it would take 9-12 months probably. You could wait for the outcome of that one and then take a view on whether or not to issue the second one. They are two different defendants and two separate claims so you should be fine though, to do them one after the other. It's not something I have done before as I would normally issue one action and have two defendants.
You may prefer to use a law firm - this one could help : https://stormcatcher.co.uk/practice-areas/dispute-resolution/small-claims-lawyer-service/

Customer: replied 8 days ago.
Right. So you believe that dealership would reject the online small claim and this would go directly to court. Am I understanding correctly?
Expert:  JimLawyer replied 8 days ago.

Yes, their lawyers may defend the claim. I can't say whether they will or not but it's a claim for £10K and you are holding them negligent so I wouldn't at all be surprised if they decide to defend it, also knowing you are not legally represented which would play more in to their hands.

Customer: replied 8 days ago.
I see. In that case it might be wiser to go with one claim two defendants as you advised. I shall check the website you shared. As always, Jim, thanks for being very efficient, clear and understanding. All the best
Expert:  JimLawyer replied 8 days ago.

My pleasure and thanks again for the further question.
Have a good day