# Is there a car ombudsman



## Dave_G (12 Dec 2005)

Hi,

I have been trying resolve a poblem I have with a VW main dealer garage that damaged the paint work of my car whilst it was being serviced. As you would expect (or should I?) the garage refutes any idea of liability.

I have complained to VW UK and received a 'don't give a hoot' about your problem response. I have also written to the holdng company executives and received a similar response.

Does anyone know of a car ombudsman? Or other ways to pursue this matter.

Thanks,

Dave


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## Noel (12 Dec 2005)

Dave, it's between you and the dealer. Even if it's a VW (GB) owned dealership and damage is not above £3k I'd take out a small claims application. I'm sure there's a court service website that covers your area.
In it you'll find a few pointers on the correct procedure with regard to notice of application etc. No point using a solicitor as their costs cannot be retrieved. All other reasonable costs/expenses and the court fee (usually £25) can be recovered if you win. Documentary and photograpic material to back up your claim will be very helpful.

Noel


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## Dave_G (12 Dec 2005)

Noel,

Thanks for the quick and helpful response.

David


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## Newbie_Neil (12 Dec 2005)

David

I would get all of the documentation completed and then send them a photocopy giving them fourteen days to correct the situation.

You can then add this to your statement before putting it into court.

Cheers
Neil


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## Dave_G (12 Dec 2005)

Will do.


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## RogerS (12 Dec 2005)

Dave

You might also like to consider joining www.which.net as they also have a paid legal service..not that expensive and they do focus on consumer issues


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## ProShop (12 Dec 2005)

A mention to the garage about bad publicity ref your local press usually changes peoples attitude. If you win your case remember to let your local paper know, they are always looking for items like this.


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## Dave_G (12 Dec 2005)

Hi john,

Thanks for the advice. I've already told the garage I will contact the local press about how bad the garage is - and their response was to ignore it.

David


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## ProShop (12 Dec 2005)

Hi David, 

Behind the scenes I suspect a different tone especially if they think your serious about the bad publicity. You could insist on the garages Insurance details to make a claim ? Just a thought..

Best of luck


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## trevtheturner (12 Dec 2005)

David,

I go along with Neil's suggestion. The garage will ignore you as far as it possibly can, and will be aware that not much, if anything will appear in the local press by way of unproved allegation. The newspaper will certainly not libel them and brand them as guilty.

However, the threat of Court action may spur them into a response as, win or lose, it is unlikely they will want to incur the extra cost to themselves of proceedings. If they continue to ignore you, to instigate a Small Claims Court action, as has already been said, is not expensive and the garage will have to respond. S.C. Courts are, in my experience, very fair in their judgements and, if the garage choose to ignore the S.C. Court summons, judgement will be entered against them.

However, you will need to be able to demonstrate that the garage was respnsible for the damage. Is the garage in a position to suggest that the damage was caused by other than one of their employees, i.e. could it have been caused by a visiting member of the public? If they came up with some such explanation of some credibility, it could make your case difficult. However, the burden of proof required by a civil Court (S.C. Court) is less than for a criminal Court. Whereas in a criminal Court the case has to be proved 'beyond all reasonable doubt', in the S.C. Court the level of proof required is 'on the balance of probability'.

There are a number of websites giving information on the procedure. Here is one:

http://www.adviceguide.org.uk/index/you ... claims.htm

The limit for action in the S.C. Court is now increased to claims up to a max. of £5,000 (England).

Cheers,

Trev.


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## Dave_G (3 Apr 2006)

Just a quick post to let all of you who responded to my question about a local VW garage. Well today I walked away from the small claims Court victorious - yes the Court judged in my favour .The garage now has to repair the damage to my car etc...


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## tim (3 Apr 2006)

Good new, Dave. Well done for pursuing it and even better for winning. 

A quick call to the Manchester Evening News maybe? :wink: 

Cheers

Tim


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## Dave_G (3 Apr 2006)

A quick call to the consumer editor in the morning with out a doubt!


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## syntec4 (3 Apr 2006)

Hey Dave, well done! 

Which VW Dealer was it? I have been looking at getting a VW for SWMBO and dent want to use that one. PM me if you prefer. 

Cheers 
Lee. Also in Manchester


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## Dave_G (3 Apr 2006)

Lee,

You have a pm!

David


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## ProShop (3 Apr 2006)

David,
excellent news, top marks for persuing the claim & winning.


Don't forget to tell your local newspaper.
Personally I would let VW know as well since they didn't want to help you.


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