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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, i have my vehicle in a local garage to have some repair

Resolved Question:

Hi, i have my vehicle in a local garage to have some repair work carried out to an LPG system they installed earlier this year. Basically, after the installation of the Lpg system i was instructed to take my vehicle back to have some minor modifications to the system which needed doing.
They have now had my vehicle for over a month and i have been informed today that the business no longer exists and the modifications (repair work) has not been carried out. Do i collect my vehicle straight away and go down the legal route as i paid over £3000 for the conversion which is not fit for purpose?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this .
Alex Watts : Have they said why it has taken so long please?
Alex Watts : When they say the business no longer exists what do they mean please?
Customer:

I have telephoned the garage on numerous occasions and they have given me many different excuses or reasons why it has not been repaired, mainly that they have sent away the vehicle's fuel ECU for test and the ECU only came back last week and is the reason for the high fuel usage.

Customer:

My partner telephoned the garage yesterday to see if the original faults on the LPG conversion had been rectified and a male person answered the telephone to inform her that the company, 'Glevum Autogas' who installed the LPG conversion is no longer trading and my vehicle is parked in front of the unit and has not been touched. He also stated that he has the keys and if i wish i can go and collect it..... Earlier this year (February) after the original installation of the lpg system the lpg fuel gauge does not work at all, he told me to take the vehicle away and he would order a new one, when it was convenient for me i was to return to have it replaced. So i did exactly that, on the maiden road trip of the vehicle we went on holiday and it had seriously high lpg fuel usage and a leak of some kind underneath the vehicle. As we were over 190 miles away i did not use the vehicle again other than to go to the local supermarket for provisions. On my return from holiday i arranged for my vehicle to have these faults rectified with 'Glevum Autogas' and i duly left it with them. Now, over five to six weeks has passed, many phone calls later and yesterday we were told that the company is no longer trading. Where do i stand on this issue please?

Alex Watts : Was the Company Limited do you know?
Customer:

I don't know if they were a Ltd company. They were recommended as an installer for Prins Uk and on their recommendation i allowed the work to proceed. I have it in writing from Prins that Glevum Autogas is one of their installers. Does that have any bearing or onus of responsibility?

Alex Watts :

Can you reject the vehicle - sadly not

Alex Watts :

This is because the main purpose of a vehicle is to get from A to B

Alex Watts :

If it were the case the engine was in such a condition that it could not be driven, then you may have a case.

Alex Watts :

But here it is the internals.

Alex Watts :

What you should do is ask them to fix it within 7 days or say you are going to collect it

Alex Watts :

If they do not collect it and then get a number of quotes for getting the work done

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

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.

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.

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.

Can I clarify anything for you about this today please?

Customer:

Yes please? I went to the garage (workshop) yesterday evening to collect my vehicle and the company 'Glevum Autogas' have vacated the premises. An MOT testing company which is based next door has now expanded their business and moved into what was the 'Glevum Autogas' workshop and my vehicle along a number of other vehicles are parked outside in various states of repair or conversion. My vehicle cannot be started or driven as there are a number of components that have been taken off the vehicle prior to Glevum Autogas going out of business. What would you suggest is my next course of action please?

Alex Watts :

You need to check whether they are a Limited Company by going to Companies House. This will give a registered address which you can sue.

Alex Watts :

If they are not Limited then you can personally sue the owner, but you can only sue if you can find him/her

Alex Watts :

If you can not find them, you can not sue as you need an address for service of proceedings

Alex Watts :

Can I clarify anything else?

Customer:

Is there anything else i should do in order to comply with any legal requirements on my part? I was also informed yesterday that one of the mechanics who originally worked on my vehicle for Glevum Autogas is currently taking some time off but he is due to start working for the MOT testing company next door, in the workshop that he worked for Glevum Autogas...

Alex Watts :

Sadly your contract was with the old company, you have no contract with him and it makes no difference who he works for

Alex Watts :

Unless you have a forwarding address or address for the owners you are stuck in terms of Court action

Alex Watts :

I am sorry

Alex Watts :

Does this answer your question today?

Customer:

Do Prins Uk have any responsibility? When i contacted them originally they stated that they have an installer of their Lpg systems in Gloucester and pointed me in the direction of Glevum Autogas.

Alex Watts :

It is whoever you paid for the install that is responsible, no one else.

Alex Watts :

Does that clarify the matter for you?

Customer:

Yes it does and thank you very much. I will follow your advice and see where it takes me. Kind regards. Mr L Shears.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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