Agree with oldroverboy. Might be worth trying to find one offering free initial consultation. Have you any legal aid insurances sometimes added to insurances ?

Thanks. My solicitor friend works for a defence firm as their legal counsel. He's not an expert on the SCC. However, I've done a lot of research on it and found out the things you were saying. Your advice is useful. Thank you.

Interestingly I spoke to the garage owner after I sent the pre-action letter and he was willing to negotiate. He called it buying my car back. I knew what he was doing. He wasn't calling it a refund because he knew the position that would put him in. Anyway, that one is a without prejudice offer so can't be referred to in court.

I think the same as you but the complication is probably in the garage muddying the waters, I think the judge will want to know why I didn't give them the car back when they asked for it. The reason is becasue the garage owner made it very clear that he was going to fix it. He said he would fix it once he'd assessed it. I refused to give him it because I didn't want it to be fixed by I offered for the RAC to inspect it and if it was found roadworthy I would pay for it, if not, he would. I also offered for him to travel over to my city (30 miles away) to inspect the car AND I offered him a video I had made. All seemed reasonable to me.

I also wouldn't let him have it because he said he was going to fix it and then put the case before the director of the company. He IS the director of the company but was calling himself the site manager. There turns out to be another unnamed director who the receptionist told me about and when I mentioned him to the "site manager" he quickly capitulated and told me he was the director.

I had ample reason to believe he was going to fix the car and hear no more complaints from me then I would have no case.

Once the "refund" came through this week I wouldn't let him have the car because he wanted to leave me a cheque. I told him that was a ludicrous suggestion but he said I was being ridiculous. You know when you're right but someone is so confident you second guess yourself? That was me with him. I started to ask whether I should have just taken the cheque. But he's given me loads of reasons to believe that he would drive the (dangerous) car round the corner, call the bank, stop the cheque, take the car, fix it and then tell me there was nothing wrong with it but a few minor defects and I should pick the car up now that it's fixed.

So, a brief statement for the courts it is.

That's very useful information, thank you. Just waiting on the above poster's source on the SoGA.

Which I've now found myself. Reply above.

That's great. All you need now is to make it stick. Good luck.

Update: I think he's received my claim form this morning as he has tried to ring me. He has never initiated contact in the two months since this began. I'm now ignoring his calls and will only accept correspondence in writing. The sum we agreed to take the car back was significantly less than what is on the claim form and I suspect he's none too pleased. Or he was ringing to accept liability. But I very much doubt it was that. Tbc

You should ignore him now. He now has no other choice but to put up a defence or admit liability in court. Either way he is on a loser and he will be liable for all court costs including any expenses you incur in bringing the action. It is far too late to try and make a deal now as costs have been incurred. However if want to there is time before a hearing is set to write to him, recorded delivery, and offer him a settlement, but only for FULL money redress for the car. FULL court costs reimbursed and a nominal sum for all the agravation and expenses you have had with this matter. When and if his bankers draft clears before the court date, or better still cash, then you can cancel the action and return the car. Make all this very clear and say it is a once and only offer open for 48 hours. Worth a try if you don't fancy court, but I think you are on winner. Best of luck. Concrete.