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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi to you way back in Feb 14 my partners car was due an

Customer Question

Hi to you

way back in Feb 14 my partners car was due an MOT the car was taken into the garage where we we told the car needed repairs to pass the MOT this included an ABS module , and a tyre we were quoted £499.00 plus the vat, this was agreed verbally, over the one phoncall the garage EVER made to us ( my partner had requested that the garage contacts me regards XXXXX XXXXX with the repairs as she did not know much about cars) The garage said the car would be ready in 4 days . The next six weeks were a frustrating number of calls to the garage , with requests for updates regarding the car , the garage said it would return calls, they never did ! the car was seen 4 times on the road at odd times in the local area , further calls were made for updates and each time I was told they would call me back , they never ever did! i went to the garage and was told the car would be ready in two days , we went back after two days and presented with a bill for £1326.26 ! and was told "if you dont pay you dont get the car " the bill was paid under protest in order to get the car , I asked to see the extra parts fitted to the car and an explanation to the new costs , the garage has never offered any explanation , neither, have they stuck to the motor codes policy that is freely advertised on their website . I have written many times to the garage and have been threatened with legal action and defamatory comments ( written) about myself and my partner .
what can I do to break the deadlock? small claims court to recover some of the unauthorised costs on the bill?
best regards XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How did you pay the bill? Why did they say it had increased please?
JACUSTOMER-furw21az- :

Debit card and they stated the due to extra "problems " more work and parts were needed , I asked why they had not updated me , to which they said " we just did it as the car was in bits " and in later correspondence they have admitted in writing , that some communication breakdown has occurred, but they will not move on any refund , this despite again in writing that they admit to fitting brake parts ( NOT EVEN REQUIRED FOR THE MOT) and would be willing to refund SOME of this cost . I have asked verbally and in writing to see the parts that were fitted , and the reasons for not following the motor codes of practice to which they are a member . I have challenged a discrepancy of some £644.00 on this paid invoice to which I have had nothing but silence to my specific questions .

Alex Watts : So they carried out the work without your authorisation? Sadly they can not do this
Alex Watts : Section 13 of the Sale and Supply of Goods and Services Act states they must act with all reasonable skill and care.
Alex Watts : In this case it appears they have not.
Alex Watts : You need to write and set out your losses and request a refund of the difference within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

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