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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Last Saturday my Range Rover broke down, the rear offside wheel

Customer Question

Last Saturday my Range Rover broke down, the rear offside wheel locked, The RAC inspected the wheel and explained that the parking brake shoes had broken up and jammed the wheel, he stated that the shoes were badly worn and should have been replaced. I took my car to my local land Rover dealer on the 12th December for a service, and asked them particular to check the brakes, they fitted new pads and disc's but did not even inspect the parking brake shoes, although this is on the service sheet to check. The car is in the same garage having repairs, and the garage has offered a reduced labour cost of £80. per hours and 10% discount for the parts, the cost reducing from £1800.00 to £1500.00 I think they should offer the work and parts FOC, which they refuse, do you think I should take the matter to court? Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What do they say about how this came about?
Customer: replied 3 years ago.

The garage said today when they rang me that a clip had become worn and broken which allowed the shoes to become loose and break up.

Customer: replied 3 years ago.

Are you still there?

Expert:  Jo C. replied 3 years ago.
Yes, but what do they say about when this happened and why it wasnt picked up during the service?
Customer: replied 3 years ago.

They said that this check was missed during the service

Expert:  Jo C. replied 3 years ago.
Do the service documents clearly show that it was not?
Customer: replied 3 years ago.

The service document shows that this items was checked (ticked) but the inspection by the RAC mechanic stated that the shoes were very badly worn and had not been changed for well over 12 months, bearing in mind this is an automatic car, and I never use the parking break, as putting the car into park holds the car - in the opinion of the RAC mechanic they had not been checked, if they had he would have expected to see nearly new shoes, with little wear.

Expert:  Jo C. replied 3 years ago.
Thank you.

That would appear to be a breach of contract. If the service document suggested that this was checked and it was not then they are in breach and they are liable for any consequential losses.

To claim for consequential losses you have to show that the loss was reasonably within the contemplation of the parties at the time of the contract and I think here that it probably was. The failure to check something in need of checking could only manifested itself in the long run by the developments of a fault.

Overall, I think I probably would suggest suing. This is a small claims court some so it's cheap enough to issue against them. However, it is important to send them a letter before action warning them that if they do not pay you will sue within 28 days without further notice.

The truth is, they will probably make some form of offer to avoid going to court.

Hope this helps. Please let me know if you need more information.

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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