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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25426
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My rover 45 gearbox and clutch failed and I was told by a garage

Customer Question

My rover 45 gearbox and clutch failed and I was told by a garage that they could not replace them with a warranty. As they said it would be scrap value they have put my car back on the road with parts allegory bought from eBay. I have found now new parts can be attained with a two year warranty. I had to purchase another car because of this advice and I now feel I have been conned on this matter can u give me any advice please
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. For the avoidance of doubt please when did you purchase the R45 and was it from the garage in question or another dealer?May I ask why you had to purchase another car due to the lack of parts warranty?How much more roughly do the new parts cost compared to the parts supplied by the garage?Finally do you still have the R45 car and is it still working albeit with potential inferior parts?
Customer: replied 2 years ago.
Previous car was a rover 45 conisure purchased a bout 3 yrs ago wth 13k MPs .when it failed in January 2014 at 33k MPs.it was towed to the garage that has been servicing it and I was then told that it would cost some £1000 to repai but new parts couldn't be obtained with a warranty anyway and would be scrap value against my insurance.they advised scrap vale of £100 against which they gave me £50 of the scrap value.i then saw it at the garage a few weeks later and was advised the decided to keep it and repaired it with parts purchased by them from eBay
A new clutch fitted with two year warrany at approx £258 and a similar cost for a gearbox
The garage have the car on the road now. They advised me that they would fill in and send to dvl the documents that I thought at the time were for scrapping the vehicle.
Ido not feel I want a long costly thing as I am 83 yrs this year!
the car which they filled in what I thought at the time were the necessary documents for scrapping the car and they sent to dlv
Expert:  Joshua replied 2 years ago.
Thank you very much for the above. Do you have evidence that they garage told you parts could not be obtained as above and that the car was only worth scrap value or do they accept this is what they told you?
Customer: replied 2 years ago.
No nothing in writing.i have not approached them actually on this matter as I have only just checked on being able to get warranty parts. I am visiting the garage this coming Friday to finally get some parts changed from my old car which they agreed at the to do when it was thought th car was to be scrapped. The garage have carried out further paid work on my new car in the mean time.my previous car was a 1.6 manual and my new car a 1.8 automatic which I decided to have in view of my age
Expert:  Joshua replied 2 years ago.
Thank you. Based on what you say you do have the potential for a claim here but your potential weakness is the lack of evidence of their conduct if they dispute your version of events. based on what you say, you took your car to be repaired and they gave you incorrect or negligent advice leading you to a loss - namely the difference between the money you spent on the new car and what it would have cost you to repair your old car, less any difference in value between your new and old car. The claim for loss could be based on breach of contract or negligence on their part.However if they deny having given you this advice then it is a question of your word against theirs. This can be enough to pursue a claim but it would be down to who the judge believed if they deny what you say which is a less than solid basis on which to pursue litigation in the county court. ideally, you would be able to obtain some written evidence of the advice they gave you. One way of potentially doing this is by emailing the garage referring to the advice they gave you and your mentioning that you have found that parts are readily available for your old car and asking them to account for this. If you adopt this approach do not mention a claim or threaten legal action - the aim is to get an implied or direct admission from them about the advice they gave you so keeping their guard down with regards ***** ***** potential claim is key.If you can obtain written evidence of the advice they gave to you or wish to pursue the matter based on your word against theirs on the basis that you believe that a judge is likely to believe you in the circumstances which is quite possible then you can raise a claim against them for your loss in the small claims court on the basis of breach of contract and negligence on their part. First you would ned to write to them indicating you propose to make a claim and inviting them to make an offer of settlement within 10 days and if they do not do so do not make an offer which you're satisfied with, you can consider issuing a claim in the County Court's small claims track. The easiest way to issue is using the following link:https://www.moneyclaim.gov.uk/web/mcol/welcome Legal fees cannot be claimed in the small claims court so there is no threat of large legal bills and claims are easy to progress without a solicitor - if successful you can claim back your court fees and travel costs in attending any hearing. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Customer: replied 2 years ago.
Thanks ur advice. Have put together following email to send to garage. Do u think this will be ok?
To Paul & Manager Pete Wood
ref. Rover 45 BJ54NVD
You will recall that when the car was delivered to you by my breakdown service you carried out and showed me the failed clutch and gearbox parts. You advised me that new replacement parts were no longer available with and you could not offer to repair and return the car to me with any warranty, meaning it was only now scrap value.
This of course meant it was necessary to purchase another car, for which I was pleased with your help.
However I was recently told that the faulty parts were in fact still available new and carrying a two year warranty and I have a quotation to this effect from a local supplier.
If this had happened it would have not been necessary for me to have purchased another car and have been quite less expensive in cost
As it turned out you did not scrap the car as advised but repaired it and put it back on the road for your Garage courtiecy car
In considering the above I would appreciate any comments you can send me
Expert:  Joshua replied 2 years ago.
My apologies for the delay in reverting to you owing to the bank holiday weekend.

That looks fine. However if you don't already have evidence of what they told you about parts not being available, it would be useful to obtain some. Accordingly it may be wise to remove the following three sentences so it is not apparent to them that you may intend to make a claim:
"This of course meant it was necessary to purchase another car, for which I was pleased with your help. and
If this had happened it would have not been necessary for me to have purchased another car and have been quite less expensive in cost and
As it turned out you did not scrap the car as advised but repaired it and put it back on the road for your Garage courtiecy car"

In doing so it is not so apparent what your "end game" may be. Hopefully they will reply back to you confirming that they did tell you what you say and then you can consider a further email including the above points.
Customer: replied 2 years ago.

taking ur advice but as i find they have no acceptable Email address then i am sending a letter to. will it be ok to keep u advised ? I suspect they may phone me whwn they get the letter !

rgds

Expert:  Joshua replied 2 years ago.
Phone calls are difficult in that they allow party to recall a different version of what was discussed. you may like to consider recording the conversation if you have the facility to do so

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