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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Any advice you can offer to me before I send this draft

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hello any advice you can offer to me before I send this draft letter to a garage that I am close to having a dispute with? Please see below
Hi Nathan, Barry, Jordon and co at Barry’s workshop,
My van wouldn’t start on the 19th of January so I had to call the AA out, they couldn’t get it fixed so they took me to your garage (the closest one) and a person called Trevor, an employee of the garage told me that it was the injector pump that needed replacing and that once the garage got the part he could get it fixed and it would cost around £500 plus VAT in total. Also my van had been damaged to the side sliding door which makes it difficult to open and close, I showed Trevor this and he told me he was an expert in VW’s and that he would get it sorted for me too.
This sounded great so i left the garage with the belief that everything would be be fine and I would get van fixed for a reasonable price.
I did’t hear anything for a while so called up and a person called Susan Bingham told me that the part was £500 from eBay. I said give me a few days and I will try and find a part for less. As you can see from the email thread below I found 3 possible parts and a person called Nathan an employee at the garage (Barry’s son) came back to me and said that one of the parts was correct on the 23rd of February. Since then Nathan and I have been in contact a number of times by phone, mainly because I have been calling for updates over the last 4 months as to when the part was arriving? When it will be fixed? and when i can pick van up? In the 4 months we had been liaising, Nathan told me that the part that they ordered was actually wrong because it was mechanical and needed to be electrical (or visa versa). So they have ordered another part. 2 weeks ago Nathan told me that the part had finally arrived was at the MOT garage, your other place of business, because it got sent there by mistake and that he would go and get it and get started on it asap that week. Last week I called to get an update and I am told it won’t be ready by the weekend but will definitely be ready by Tuesday or Wednesday next week. Today is Wednesday so I call and speak to Jordon an employee who tells me, firstly Nathan is not in today, the garage has no record of a part being ordered apart from the wrong one in February, I am told the garage lost money on that part because it was non refundable and that the part that I was told arrived two weeks ago does not exist but instead I am quoted for 3 alternative parts, one twice as much as I was originally quoted £1182, and another over 3 times the amount I was originally quoted £1766. I am also told that fixing the door would be extra and carrying out the work would be additional to this. Stark contrast to the offer of service that I was originally offered when I arrived courtesy of the AA way back in January.
I feel like I have no choice but to pay you for your services since the cost of moving my vehicle to another garage would be too expensive and I require my van in working order asap for work purposes. Therefore could you please tell me what the full new quote would be for the part, fixing the door and work?
Thanks
M
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year 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.

  1. May I ask if you obtained initially when you dropped the van off a written quote please or was this just verbal?
  2. Are you a business customer - i.e. the work to the van is being paid for by your business - or are you a personal customer - i.e. paying for the work as a consumer separately to your business?
Customer: replied 1 year ago.

1) was verbal

2) I am self employed and use the van for social and work including music festivals (its a campervan and I work in the music industry

Expert:  Joshua replied 1 year ago.
Thank you. Would you pay any bill from your personal account as opposed to your business account? The only reason I ask is that if you are a consumer you will have more rights which is better.Finally do I understand that no work has been carried out to your van so far?
Customer: replied 1 year ago.

I can pay from personal account for sure

they have carried out no work as of yet

Expert:  Joshua replied 1 year ago.
thank you. Based upon what you say, the garage would appear to be in breach of contract for failing to repair your van in the timescales originally agreed. The difficulty however is that because you do not agree your original agreement either in terms of price or timescale in writing, unless you have evidence of that agreement for example, in your exchanges of email with the garage, there is scope for the garage to dispute the terms you claim were agreed with them at the outset.The starting point is relatively simple in that as the garage has failed to carry out any work in a very large amount of time, you can give them notice that you are making time of the essence and unless the work is completed at the agreed figure within say seven days, you will remove your van and have another garage undetake the work instead. If you can demonstrate that the garage did agree to carry out the work which based upon what you say, you likely can, there is scope for claiming the cost of transportation of the van to another garage from the original garage you instructed on the basis they are in breach of contract.However, I note that your preference of this point is to have the original garage carry out the work.Generally I think your letter is concise and clear. The one area I may suggest you reconsider is the very end way you suggest you have no choice but to pay for their service and we ask for a new quote, if I might suggest being a little more forceful here because the wording you use puts you entirely at their disposal. instead you might like to refer to the original quote you were given and advise that you expect that to be honoured but if there are any genuine reasons for a need for that original quote to be altered, these with a let you have a full breakdown and you consider the same. Furthermore, you might like to refer to the original timescale that was agreed for repairs and the period of time has elapsed and that as a consequence, you are making time of the essence and giving them say seven or 14 days as you consider appropriate in order to complete the work failing which she will consider them to be in breach of contract and look to arrange transport for your van to an alternative garage and look to them for the cost of transportation. You could then go on to say that you hope the above will not be necessary in the matter can be resolved swiftly and amicably and they will now attend to the matter with appropriate care and skill in a timely fashion literally continue not to do so, you must reserve the rights as above. It seems to me something along these lines may be more effective in terms of getting their attention. 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
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 1 year ago.

hey sorry been on phone, have received message, i need to go out now but will read through later and get back to you - many thanks

SM

Expert:  Joshua replied 1 year ago.
A pleasure. I hope the above is of assistance.

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