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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I arranged car car to have a paint repair done

Resolved Question:

I arranged for my car for my car to have a paint repair done with a company called chipsaway. It was arranged that it would be collected on the morning of Tuesday the 17th of March.The man turned up just after 9am and drove away.A few minuets later I had a phone call from him to say that the engine had blowup and would not go.I have the
car serviced regularly and had no problems with it. I their any sort of liability on the part of the driver or chipsaway in respect of repair costs which will be in the order of £1500
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you and the car inspected please?
Customer:

I have had the car inspected by my garage and they say that the engine is beyond repair.They are not prepared to give an answer as to what caused the problem but think it could be over speed of the engine

Alex Watts :

The issue is this, If it was caused by overspeed and the negligence of Chipsaway then you have a claim.

Alex Watts :

If it was just wear and tear then you dont have a claim.

Alex Watts :

You need a proper report to establish what was wrong.

Alex Watts :

If the report says it was negligence etc then you have a claim

Alex Watts :

You need to write and set out your losses and request a refund of the £1500 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.



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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Ash and other Law Specialists are ready to help you