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Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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Hi we have a dispute with KwikFit, my sons car was taken in

Resolved Question:

Hi we have a dispute with KwikFit, my sons car was taken in for new brake discs and pads, but whilst in the workshop we believe the work sheets got mixed up with anoth similar car and they drained the oil ready for a full service. The car was driven into their workshop without any problems but when collected and driven away within 200m the car siezed up. On my advice my son checked the oil and it was completley empty, he phoned the depot where the works had been carried out but they wouldn't help recover the car, at his expense my son arranged for recovery back to Kwikfit. After many weeks of no action, no reponses to numerous phone calls etc. we arranged for our own indepentant specialist to inspect the engine, in his opinion the sump drain plug had been removed recently and the damage caused to the engine was due to the lack of oil. Having sent this report to Kwikfit complaints department together with details of the incident catologing the calls, emails and letters, all of which we have to date had no formal response. After approximately 6 weeks of no action we arranged for the car to be repaired this required a replacement engine at a cost of £3500-00. We have again sent kwikfit a letter, recorded delivery, with the invoice for the repairs and requested their response before we deem it an official dispute and refer the case to the courts. We have after a further 2 weeks still not recieved a response.

Is our best recall to go through the Small Claims Court of is there another avenue to reclaim the costs incurred
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Thanks very much for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

If multiple attempts at communication have been made over a significant period time, there are three options. The first is to contact Trading Standards, the second is to check whether the garage is a member of any trade association that offers a dispute resolution service and the third is to issue a claim. Once a letter before claim has been sent (advising that legal proceedings will be commenced if the matter is not resolved within a specific time) a claim can be started once the period has expired.

 

When claiming for third party repairs costs it is important to ensure that sufficient opportunity was given for the defendant to carry out the repairs themselves. It is therefore important to have copies of all correspondence relating to this, along with the report relating to the cause of the damage.

 

To issue a claim you can use the online service at www.moneyclaim.gov.uk and money claim less than £10,000 are generally allocated to the small claims track. Claimants in the smalls claims court don't need a solicitor and costs do not generally follow the event (meaning that the losing party is not ordered to pay the legal costs of the successful party). There is a small fee to pay to start the claim but this is recoverable if the claim is successful. Attached below is a link to the CAB guide on small claims which provides details on the process of issuing a claim, recoverable fee, interest etc.:

 

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

 

I hope that's helpful and please don't hesitate to let me know if I can clarify anything for you.

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