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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had a problem with smoke coming from my exhaust for

Customer Question

I have had a problem with smoke coming from my exhaust for about 2 years or from about 25000 miles it has been very severe on many occasions.
My car has been under the car of Toyota and I have had all works and servicing done by the main dealer, and I took out an extended warranty from 100000 miles I have now done 139000, I am a Taxi Driver and this car is used as a Taxi.
The smoke has got so bad it is now undriveable, and Toyota say they will not repair it because of the mileage, but this smoke has been happening for years and they never stopped it, now finally when it is all to late they say it's the engine, but could not offer any explanation to the problem of smoke occurring before. Should they repair it?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
What is the cost of repair please?
Customer: replied 2 years ago.

They are not sure of the exact problem without taking the engine apart but have quoted between £3,100 and worse case £6,500

Expert:  Ash replied 2 years ago.
You need to get several quotes for getting the work done, this forms your loss.
You need to write and set out your losses and request they do the work or pay up that cost 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 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 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Are you sure I would win this case I don't want lose money over it.

Customer: replied 2 years ago.

I wasn't finished

Expert:  Ash replied 2 years ago.
Litigation is never 100% certain but I think you have a claim.
Does that help?
Alex
Customer: replied 2 years ago.

I am getting rid of the car tomorrow, do I need to get these quotes as Toyota quoted 3000-6000

Expert:  Ash replied 2 years ago.
Yes. Otherwise how do you know what your actual loss would be?
Alex
Customer: replied 2 years ago.

should I claim for loss of earnings also? and do I have to take the car to the garage or can the quotes be done over the phone?

Expert:  Ash replied 2 years ago.
Quotes can be done over the phone. Or you can claim for loss of value of the car if you are selling it, so the difference.
You can claim loss of earnings if you can evidence it.
Does that help?
Alex
Customer: replied 2 years ago.

Yes that helps so if I auction the car for 1000 pounds and its worth 5000 pounds I can ask Toyota to make up the difference instead of getting quotes is this right?

Expert:  Ash replied 2 years ago.
Indeed. But you will need evidence of that drop in value too.
Does that help?
Alex
Customer: replied 2 years ago.

yes but how do you get evidence of the drop in value

Expert:  Ash replied 2 years ago.
Quotes online. You know what it should be worth and what it is now.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex