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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 33
Experience:  Moderator
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my car was booked for warranty work at dealership. i have email

Customer Question

my car was booked for warranty work at dealership. i have email bookings confirmation with what work required doing.
its been a year i have been asking them to produce paperwork to show what work was carried out. so far they say there is no record of my car being there on those dates.
part of the work required a windows replacing .this was carried out by a subcontractor. the subcontractor was contracted by the dealership and has invoiced the dealership for the work carried out. still dealership maintains there is no record.
how can i get them to produce invoice from subcontractor to support my booking on those dates.
then i want to make a claim under sales of goods act for non completion of work.
how can i do this
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Have you paid for the work ?
Customer: replied 5 years ago.

For Jo C

no the work was to be carried out under warranty, so not required to pay.

the repair was turbo parts replacement due to a leak.

the turbo failed a year later and I had to pay for a new one. I was told there was a leak from the turbo which now cannot be stopped but according to my records this leak should have been repaired under warranty.,this is why I was looking for the paperwork to see what work was carried out under warranty back then.

Expert:  Jo C. replied 5 years ago.
I see.

Just to be clear, it did go in for works but they cannot find a record?
Customer: replied 5 years ago.

yes work was carried out under warranty , they do not have any record.

but the warranty work involved a thirdparty to complete some work. I have checked with them, they did carry the work on that day and invoiced the dealership accordingly.


but dealership still maintains no booking exist for that date.

Expert:  Jo C. replied 5 years ago.
I presume you want to sue the dealership not the sub contractor?
Customer: replied 5 years ago.


Expert:  Jo C. replied 5 years ago.

Have you had the work done or costed elsewhere? Do you know what it would cost?
Customer: replied 5 years ago.

it would cost the same .


is each question being charged at 33 pounds ?

Expert:  Jo C. replied 5 years ago.
1 I'm not sure what you mean?

2 No, the amount you've paid covers the entire dialogue.
Customer: replied 5 years ago.

the cost for the turbo repair was nearly 3000 pounds.


anywhere else the parts would have cost the same as original parts had to be used.

the labour may be a bit cheaper.

but my issue is if they they can prove to me that the turbo was repaired under warranty , then its ok ,but the fact they have refused to do that means all the work carried out is questionable . the car was serviced and repaired by the dealer from new .

Expert:  Jo C. replied 5 years ago.
Yes, I do see the point you are making but you need to be careful before suing. Even at the small claims court you can end up paying costs if you issue too early or bring claims that are misconceived.

If they were supposed to do work and did not or did not do it properly then you need to get costed the price of the completed job elsewhere and sue for that exact sum. You can only claim compensation for your actual losses in law.

In relation to the fact of the repair at their garages though, I don't think that will be too difficult. You have the confirmation emails. I presume you can show that some work was done upon the vehicle and where else would you have that done than the garage that covers you under warranty? At the civil courts you only have to show that its more likely than not that the work was done there.

In terms of documents, you can get an order forcing them to disclose documents relating to your case. The difficulty will be if they don't have them. Not all companies are expert record keepers. You can get an order forcing a third party company to disclose any relevant documents although its fair to say thats rarer.

Can I clarify anything for you?

Customer: replied 5 years ago.

but under sales of goods act ,if vehicle is under 6 years and under manufacturer warranty, where manufacturer has failed to complete I not entitled to a refund on the full price paid for the vehicle?

Expert:  Jo C. replied 5 years ago.
No. Its not a guarantee for 6 years. Its a period of limitation for 6 years.

And you aren't entitled to a full refund unless the fault is really fundamental and the purchase is recent. Thereafter its a sliding scale of rights depending on the length of time etc.
Customer: replied 5 years ago.


yes im only looking to claim about 3000 pounds back because that's what cost me to replace the turbo a year later. it will be difficult to prove that this was caused because of warranty work was not completed.

but just for not doing the work im sure this will be a reasonable price to claim back unders sales of goods act

Expert:  Jo C. replied 5 years ago.

Best of luck.
Customer: replied 5 years ago.

so do I just need to file a claim in small claims court

or what do I need to do .

what will e the cost if you were to file a claim an my behalf

Expert:  Jo C. replied 5 years ago.
We are not allowed to do that under the rules of this site but you don't need to pay anybody to do that. The small claims court is designed to be used by the lay person so its just a false economy.

You can issue here

But its worth sending them a letter before action first making clear that if they do not pay you will sue within 14 days. It might work or it might not but it costs nothing to do.
Expert:  Nicola-mod replied 5 years ago.

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