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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have property, a car, that has been damaged by water whilst

Customer Question

I have property, a car, that has been damaged by water whilst held at a garage. The car was being held inside whilst waiting for work to be carried out, when this was delayed I was told the car would be held outside, but under proper coverage. On collecting the car due to no progress with the work to be completed I dicovered the damage due to negligent and careless storage. Do I have a case to claim for damages ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Yes you do. They have a duty to take care of your goods and as such you are entitled to sue for damages to get the car rectified. You need to get a number of quotes for getting the car put right - this would then form your loss. You need to write and set out your losses and request a refund 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?Alex
Customer: replied 1 year ago.
Thank you for your reply, Alex. The car had been held by the garage since September last year, I originally placed it with them based on their claim of being able to provide a solution to the problem I had with it. Time passed and it became clear that the garage had lost interest in carrying out the work, hence my collecting of it. As I work freeance I had to take a day off work + hire a car transporter to collect the car - can I also claim this cost ?
Expert:  Ash replied 1 year ago.
Yes you can claim this as well. This is a reasonably foreseeable loss.
Expert:  Ash replied 1 year ago.
Does that clarify? Alex
Customer: replied 1 year ago.
It does, thank you. Just one more question. As this is not a typical car and has a specialised engine, getting quotes to rectify the damage is itself going take time and expense, especially as it is not drivable. How long do I have to make a claim ? Is it possible to send a letter of intent with notification of costs to follow once when I get them ?
Expert:  Ash replied 1 year ago.
You have three years to make a claim from the time the negligence happened. Yes you can follow up with costs after the initial letter. Does that clairfy? Alex
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Customer: replied 1 year ago.
Yes it does. Many thanks.
Customer: replied 1 year ago.
Hello Alex,
If I may just ask another question that has occurred to me. If the garage in question reply to my complaint with an offer to put right the damage, am I obliged to accept the offer ? Given how thing gone thus far I would not want to accept such an offer for fear of further bad work compounding the issue.
Expert:  Ash replied 1 year ago.
You should because you are mitigating the loss. Alex
Customer: replied 1 year ago.
Thanks.
Expert:  Ash replied 1 year ago.
You are welcome