Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Has the garage confirmed that you will need to pay for the repair? Also, did the vehicle come with a warranty? If so, how long is it for and what does it cover? Than you
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all
Many thanks for your patience. Under the Consumer Rights Act 2015 you will have the right to have the vehicle repaired (or replaced) without causing you any significant inconvenience. I am not quite sure what extra expenses specifically you are referring to but if you have direct expenditure such as having to get a hire car in the meantime then they should either provide a courtesy car or you can claim for reasonable hire costs in the meantime. These would generally be the only expenses you can claim unless you can shoe there were other direct costs incurred as a result of these repair you could potentially claim these as well. Obviously any repair costs should be covered by them so these should not be expenses which you incur in the circumstances.
This is your basic legal position. I have more detailed advice for you in terms of the steps you can take if they do not cover any direct expenses you have incurred and you need to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.