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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My car had it's MOT and Full service on Thursday. Clean bill

Customer Question

My car had it's MOT and Full service on Thursday. Clean bill of health, all checked all fine. A problem we had before the MOT persisted, we noticed this Friday night on the drive down to Birmingham for work. In Manchester, on the way back, the car broke down. Engine Misfire Type A according to the light on the dash, meaning fuel was being sprayed into the engine and driving it could start a fire in the engine.
Stranded in Manchester on a Saturday no garages were able to take the car, to get the car towed back to Newcastle i was quoted over £400. After a few hours trying to arrange an alternative I came to an agreement with a Vauxhall Dealership in Manchester that I would pay to have the car towed to them, leave it there over the weekend and the would try to fix it Monday/Tuesday.
I have a business trip this week for which I will have to hire a car, until I am able to retrieve my car Tuesday. The tow was £73.50, the hire car will be £160 and hopefully the repair should be free as I have lifetime warranty with Vauxhall but if not I will be charged for repairs as well.
Since I had my full service and MOT 2 days before my car broke down I believe the Dealership that carried out my MOT to be at fault and liable for any costs I have incurred, not only in the repair of the car but all necessary steps to alleviate the issue such as car hire and towing. As well as the cost incurred through lack of earnings on Saturday as myself and my two team members were unable to work Saturday as a result.
Am I correct in this assumption and how would I go about billing them for these costs?
Thank you in advance for any and all assistance,
Kevin Stobbs
Submitted: 3 months ago.
Category: Law
Expert:  Nicola-mod replied 3 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 months ago.
Currently on a business trip so won't be resolving this for atleast a week. Happy to wait
Expert:  Nicola-mod replied 2 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Jamie-Law replied 2 months ago.

Hello my name is ***** ***** I will help you with this.

Are you saying the garage caused the problem, or that they didnt pick up this fault please?

Customer: replied 2 months ago.
I'm not sure. But my car was fixed today, it was my coil pack and spark plugs which should last up to 40K miles, I've only 25K. Surely they should have been checked under a full service?
If they took the car out for a road test they should have noticed the issues.
Expert:  Jamie-Law replied 2 months ago.

OK - not necessarily. You need to check to see what they check and replace etc. But like an MoT it may only include certain things.

But if you are seeking a refund of these costs the process is below.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

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