Can you help me prepare for a court case regarding my purchase of a faulty Ford Focus?

I am about to go to Small Claims Court on the 21 September and I am terrified. I feel there is a claim to be heard. It started last August when I purchased a Ford Focus diesel 1.8-litre from a local garage. On the test drive, I noticed it stalled when attempting to go into second gear. The winter came early last year as you may remember, and icy conditions set in early. I had two potentially dangerous incidents when the car stalled going around roundabouts or corners, causing the power steering to become disabled and the car skidded on the ice. The garage gave me a three-month warranty and, after a couple of weeks' driving, I realised the car was faulty.

I booked the car into the garage on three occasions during the warranty period and each time they fobbed me off with the excuse it was a characteristics of a small diesel car. It has only just dawned on me preparing my statement for the courts it is not really a small diesel car, it's a medium size car with a large engine.

Exasperated and disillusioned, I had my local Peugeot main dealer (whom we trust from previous experience) look at the Focus in February 2010. They found that the brakes were partially seized and replaced the discs, pads, two track rod ends and found that the front calliper was binding. The callipers were freed up on this occasion because the bill was, at this point, £700, but on a second visit this calliper had to be replaced for £300.

The garage I purchased the car from have always maintained it is a characteristic of a small diesel car to stall in second gear (I have this statement in writing), so why, when the parts had been replaced the car drives perfectly well and the fuel consumption has increased dramatically. I have been through a tremendous amount of stress and parted with £1072 plus court fees. I do hope I can get through this court case.

Asked on 6 September 2010 by Disillusioned Jan

Answered by Lucy
First of all do not be worried by the threat of court. The atmosphere is relatively informal at any hearing. Before advising I need to know where you are in the procedure. Are you listed for a hearing on 21st because normally there will be a hearing for directions before this. I assume your contention is that the car should have been fixed under warranty and hence your claim is for the cost of the repairs? If that is the case you need to go armed with a schedule of when the car was taken in, both to the supplying dealer and then to the repairing dealer. You should also seek a written report from the repairing dealer as to the work which needed to be undertaken.

Try and make some short notes which concisely outline your claim, which would presumably rely on the point that when the car was taken into them they failed to resolve the problem and hence you incurred the expense of having to get it fixed elsewhere.
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