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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi! I need some help from you guys, as the reps from citizen

Customer Question

Hi!
I need some help from you guys, as the reps from citizen advice got me confused a lot.

Last year in november i fix my car at one garage. They kept my car for 3 days, they issued a receipt and everything seemed to be fine.
When i left the garage i saw that i have an error in my instrument cluster. it was the sign for a permanent passenger door open, even if the door was shut properly.
i went back with the car and i was told that probably is another problem that needs to be fixed. I told them that wasn`t like that i need them to fix it.
I need to mention that when i brought the car abs, airbag and esp lights were on in my instrument cluster.
Also i noticed that when i`m starting the car at the first minutes, the mileage is hidden and instead of that it shows "error" message .
I went to another garage and they told me that none of my engine mounts that were about to be changed, weren`t changed and more than that they took out the instrument cluster and killed the lights behind the clocks, than to fix it.
I went back to them as i have a full stamped receipt were states that 3x engine mounts were changed and abs pump was changed and another work was carried out. But they are all lies.
I was instructed by citizen advice to sent them a letter were to ask cost of my car repairs as they are refusing to fix it. Nothing came back and he is refusing to deal with me.
can you please help me with an advice?

many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Has the issue been fixed yet?

JACUSTOMER-awh21xq9- :

hi

JACUSTOMER-awh21xq9- :

no, it wasn`t

JACUSTOMER-awh21xq9- :

as the costs are quite high

Ben Jones :

How much are we talking?

JACUSTOMER-awh21xq9- :

i made an estimation with another garage and it comes to 1000

JACUSTOMER-awh21xq9- :

roughly

JACUSTOMER-awh21xq9- :

parts that needs to be changed and labour

Ben Jones :

So I presume you would either want the original garage to fix this or get someone else to do it and charge the original garage for it?

JACUSTOMER-awh21xq9- :

they are refusing to fix it.

JACUSTOMER-awh21xq9- :

anyway i`m not trusting them to leave the car

JACUSTOMER-awh21xq9- :

and they don`t want to fix it while i`m waiting

JACUSTOMER-awh21xq9- :

in the waiting area

JACUSTOMER-awh21xq9- :

anyway, in know that i have the right to fix the car at other garage

JACUSTOMER-awh21xq9- :

if i was dissatisfied

JACUSTOMER-awh21xq9- :

by the original garage

JACUSTOMER-awh21xq9- :

or i have the wrong information

JACUSTOMER-awh21xq9- :

?

JACUSTOMER-awh21xq9- :

i sent them a recorded letter , to ask for my car to be repaired either to be repaired at other garage

Ben Jones :

Ok you cannot force them to fix this but if that is the case then all you are left with is getting someone else to do the work instead of them, you would then have to pay them, and in turn you would pursue the original garage for these costs. This is especially true if you no longer trust them to carry out any work on your car.


 


So you need to go and find 2-3 quotes for this work from local garages, choose the cheapest one and then get the work done. Once that has been completed and you have the receipts for the work that was carried out, you can pursue the garage for reimbursing you the money for these repairs.


 


This would then become a dispute over money where the debtor (the garage) can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:


 



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.


 

JACUSTOMER-awh21xq9- :

so i need to pay for all repairing cost upfront

JACUSTOMER-awh21xq9- :

but if i can`t recover my monies after that?

Ben Jones :

You don't have to but it is the usual way to do this. What you could do instead is try to recover compensation for the bad service you have received first thenuse that to make the repairs.

Ben Jones :

Obviously there is a risk with every claim you make because there is no guarantee you will win

JACUSTOMER-awh21xq9- :

are you still there?

Ben Jones :

I am

JACUSTOMER-awh21xq9- :

so , there are chances to get my car repaired and than not to recover my monies?

JACUSTOMER-awh21xq9- :

or is risky to try to recover the monies first?

Ben Jones :

There is of course a chance that you may get the car repaired and not recover anything, there is also a chance you try and get some money first and get nothing - in other words it is in no way guaranteed you will get any money back from them, so to reduce the risks you may wish to pursue them first before making the repairs, but it obviously depends on how urgent they are and if they need to be done or if they are just a nuisance and you can leave them unrepaired for a while

JACUSTOMER-awh21xq9- :

my point is: i can go in the court for money claim/

JACUSTOMER-awh21xq9- :

i want to recover the money first, there is anyway possible to make a claim?

JACUSTOMER-awh21xq9- :

with the supporting proofs

JACUSTOMER-awh21xq9- :

original receipt

JACUSTOMER-awh21xq9- :

and a quote from other garage

Ben Jones :

yes that is possible if you can show that you had paid for something which was not done or that you hd incurred losses from their work, such as further damage being done by them

JACUSTOMER-awh21xq9- :

should i do this on small claims or on the website listed above by yourself?

Ben Jones :

it is the same thing

JACUSTOMER-awh21xq9- :

can you help me a bit with the procedure? i mean the paperwork that i need to send or if they are specific

JACUSTOMER-awh21xq9- :

letters that needs to be sent

Ben Jones :

That would go beyond the advice we can do on here but it is quite straightforward - there is no letter that needs to be sent, you go on the website, follow the instructions and put details of the claim then pay the court fee and you start the claim, you will then get further instructions from the court

JACUSTOMER-awh21xq9- :

ok

Ben Jones :

Can I clarify anything else for you?

JACUSTOMER-awh21xq9- :

no, that`s it

JACUSTOMER-awh21xq9- :

thank you

Ben Jones :

you are welcome, all the best

JACUSTOMER-awh21xq9- :

same to you

Ben Jones :

Thanks!

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