Motor arbitration vs circuit court

Johnthemanager

So don't want to give too much away, put bought a car with a fried engine and lots of other problems, garage tried but failed numerous times to fix.

Car went into limp mode one evening coming home from work and I only barely managed to get it off the road. De ided after all the hassle that the car was too dangerous to put my family into again.

Tried to negotiate the return of the car with the garage to no avail.

Applied to arbitration as specified in the contract, but now there not replying to that. The Arbitrator has given me the option of continuing the Arbitration or go to circuit court.

Now which one would be the faster resolution?

And also, can I make known the results of an ar iteration case, or does it have to be kept private?

I would hate for the garage to get away with the misery they have put me through for the last 12 months, and do the same to someone else. I don't think this is there first rodeo!

Deadwards.com

I wish you the best of luck with it.

I had a similar issue a number of years ago and ended up going to court. The garage went into liquidation before the court date (which a number of the less honest types tend to do), of course the directors ended up in a new company a few weeks later.

Luckily I had purchased the car on finance so was able to take both the dealership and finance company on. We issued what I think was called an O'Byrne letter which ultimately got us the win as the finance company settled in advance of the court date.

If the garage are ignoring you I would recommend seeking legal advice to see what options are available to you.

Cheers

Johnthemanager

Deadwards.com wrote: »

I wish you the best of luck with it.

I had a similar issue a number of years ago and ended up going to court. The garage went into liquidation before the court date (which a number of the less honest types tend to do), of course the directors ended up in a new company a few weeks later.

Luckily I had purchased the car on finance so was able to take both the dealership and finance company on. We issued what I think was called an O'Byrne letter which ultimately got us the win as the finance company settled in advance of the court date.

If the garage are ignoring you I would recommend seeking legal advice to see what options are available to you.

Cheers

I have a solicitor handling the case.

The garage have refused to reply to the Arbitrator. They have told lies from the start so I'm not surprised.

I'd prefer to go to Court so there name is in the paper, and someone else doesn't get caught out. But I could be waiting another 12 months for a court date.

I'd imagine the Arbitration would be wrapped up a lot quicker, but that seems to be confidential.

ohnonotgmail

if they wont respond to the arbitrator what makes you think that arbitration will be successful?

Johnthemanager

ohnonotgmail wrote: »

if they wont respond to the arbitrator what makes you think that arbitration will be successful?

The Arbitrator can make a judgement even if the other party don't respond. I think they have the same powers as the courts.

Deadwards.com

Johnthemanager wrote: »

The Arbitrator can make a judgement even if the other party don't respond. I think they have the same powers as the courts.

The arbitrator can make a judgement but it is not binding. If the garage does not comply you can show the judge the decision from the arbitrator in court but thats about it.

Johnthemanager

Deadwards.com wrote: »

The arbitrator can make a judgement but it is not binding. If the garage does not comply you can show the judge the decision from the arbitrator in court but thats about it.

I thought that the arbitrators decision was final, and that the respondent could only go to the high court to overturn it?

So if I did get an award of my money back, there's no way of enforcing it?

Can I call on the sheriff?

Deadwards.com

Johnthemanager wrote: »

I thought that the arbitrators decision was final, and that the respondent could only go to the high court to overturn it?

So if I did get an award of my money back, there's no way of enforcing it?

Can I call on the sheriff?

The arbitrators decision is there to try to prevent cases like these taking up time in the courts. The garage can decide to ignore the ruling in which case you need to pursue them in court leading to delays. In the court you can then show the arbitrators decision which will of course work strongly in your favour.

If the garage is longstanding and reputable, they will usually comply with the arbitrator but if they are not......

Also how old is the actual car. If it is less than 7 years and the issue can be tied in to being a manufacturing defect, tie in the manufacturer. They would't want the headache and could put a little pressure on the dealer (again only if it is an authorised dealer and not an independent garage).

JustAThought

I had a specific problem and rang the helpline for the consumer complaints ombudsman - I think its called the CCPC now. They couldn’t do anything to actually help me but they were very helpful in giving detailed and specific advice about what the exact consumer leglislation it was that covered my problem and how much I could be awarded in what court and what bit of leglislation to refer to in my letter - which cracked things along for me. Also the warrantees/consumer leg that covers second hand cars is different from many other consumer law protections - it might be worth making a call to them and seeing what advice they can give for your specific problem.


https://www.ccpc.ie

hullaballoo

Johnthemanager wrote: »

I thought that the arbitrators decision was final, and that the respondent could only go to the high court to overturn it?

So if I did get an award of my money back, there's no way of enforcing it?

Can I call on the sheriff?

The other poster is incorrect on this point, arbitration awards are binding and enforceable. See the Arbitration Act 2010 (specifically section 23). You have to seek leave of the High Court to enforce it but once that's obtained, you can call on the sheriff or engage any other means of enforcement ordinarily available to a judgment creditor.

Arbitration would be a completely redundant but mandatory process if the awards weren't binding. A complete nonsense in other words.

You are right in your understanding, there is a limited "appeal" to the High Court.

Claw Hammer

Deadwards.com wrote: »

The arbitrator can make a judgement but it is not binding. If the garage does not comply you can show the judge the decision from the arbitrator in court but thats about it.

Arbitration awards are binding and are easier to enforce than court awards. Arbitration is faster and much less likely to lead to prolonged litigation. The courts are a mess. The garage could start all sorts of messing in the courts even after a judgement against them whereas there is no appeal from an arbitration.

Johnthemanager

Claw Hammer wrote: »

Arbitration awards are binding and are easier to enforce than court awards. Arbitration is faster and much less likely to lead to prolonged litigation. The courts are a mess. The garage could start all sorts of messing in the courts even after a judgement against them whereas there is no appeal from an arbitration.

Any idea of a time frame for cases to be heard?

Claw Hammer

Johnthemanager wrote: »

Any idea of a time frame for cases to be heard?

Since the arbitrator is chosen by the parties, unless it is a very complicated commercial claim,an arbitration can be organised and heard within 3 months.