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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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Hello I recently took my car to my local garage because I

Customer Question

Hello
I recently took my car to my local garage because I had a seal leak.
After a few weeks the same fault happened again. I returned it to the garage to have it fixed. A few weeks later the same fault occurred. I contacted the garage again but he has failed to reply. On Thursday I took my car in for an mot and the person carrying out the mot said the bolts have had the heads sheared off as the correct tools were not used when the repair was carried out.
I have also been told that the high pressure seal when replaced should have had 2 put in and not the one which I have had replaced.
I have contacted Citizens Advice and they have said I am only entitled to a % of my money back. Is this correct as clearly the garage has failed to carry out my repair correctly.
I don't know what to do as the owner of the garage has refused to reply
Regards
Carol
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

Have you derived any benefit from these repairs, for example have parts of what was wrong been fixed or has nothing been repaired?

JACUSTOMER-1tcn38wa- :

The car was repaired on the first visit but a while later the same problem occurred. I returned the car and the problem was supposed to have been fixed but not long after the same fault occurred again. I did not derive any benefit from the repair and I do not wish to return the car to him for repair has he has sheared the bolts off the part that had to be replaced

JACUSTOMER-1tcn38wa- :

Hi

JACUSTOMER-1tcn38wa- :

On screen it shows you are off line?

Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

What the CAB have advised you is incorrect because you can only expect a partial refund if you haver derived some sort of benefit from the work they have undertaken, So for example if they have fixed part of the fault but some parts are still not working then you can only expect to get compensation for the parts that have not been fixed. If the original and only fault still remains unsolved then you can ask them for a full refund because they have not provided you with the service you paid them for.

The issue is that if they refuse to acknowledge your requests all you can do is consider taking them to the small claims court to pursue them for what you are owed. You cannot force them to refund you or pay you anything and that would be the only route to take the matter further.

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.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-1tcn38wa- :

Hi Thanks for your reply. The CAB have said I need to get three repair quotes but is this necessary if I am just asking for the garage to return my money due to faulty workmanship

JACUSTOMER-1tcn38wa- :

Hi Could you please answer the last part of my question

JACUSTOMER-1tcn38wa- :

Regards

JACUSTOMER-1tcn38wa- :

Carol

JACUSTOMER-1tcn38wa- :

Hi

JACUSTOMER-1tcn38wa- :

I am waiting for the last part of my question to be answered before I can rate the service I have received

JACUSTOMER-1tcn38wa- :

Regards

JACUSTOMER-1tcn38wa- :

Carol

Ben Jones :

Which part exactly please?

Ben Jones :

Hi, can you please clarify the outstanding query you need an answer to? Thanks

JACUSTOMER-1tcn38wa- :

Do I need three quotes for the repairs? CAB have said I need 3 quotes but I have sent a letter asking for a reply but if he doesn't answer do I just go to small claims?

JACUSTOMER-1tcn38wa- :

Can you answer as soon as possible as I am ready to rate your answers?

JACUSTOMER-1tcn38wa- :

Regards

JACUSTOMER-1tcn38wa- :

Carol

Ben Jones :

Hi Carol, there is no law that says you need 3 quotes but that is considered good practice because it provides a good indication of the average repair costs for the work to be carried out so it is advisable that you get 3 quotes. If her does not answer your correspondence then you can just issue a claim in the small claims court and start the legal process. You can discontinue that at any time if he changes his mind and decides to resolve the issues.

Hope this clarifies?

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