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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50138
Experience:  Qualified Solicitor
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In 2016 I gave my car window to be fixed in Land Rover

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Dear Sir/ MadamIn 2016 I gave my car window to be fixed in Land Rover Battersea garage. They fixed window but they damage tower gate. I didn't take any paper regarding this damage. I have only e-mail saying that this happen in Land Rover Battersea garage. My car was out of the country for few months. When I send my car to fix 17th October 2017 they hold my car for three weeks and said to me that they change management and they will not fix the car.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Had you notified the garage of the damage caused soon after the incident? If not, how long after did you contact them about it exactly?

Customer: replied 4 months ago.
it was incident inside the garage ,we spoke to the Chris mason who was responsible for the car at the moment ,showed him the damage ,(tower gate,mirror)he said that to us for the next service they will fix and change the tower gate
As we were on rush to go ,we just took his word as a verbal agreement ,
We took few photos of the damage which we took when we drove the car in north for our prove ,but we couldn't found them when we gave a car for the service last month ,
I found them now and sent to one the guy in rang rover Battersea call Zak to pass them to Chris mason as I last his email ,but still we had no respond

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 4 months ago.
Also they are saying that ,they are not responsible for this damage as the management is changed,also damage happened back 2016 ,
We told them to Che k the garage cameras but they refuse it (don't store the footage for that long)
Look like they don't want to fix the damage at all as it is a bit expensive for them to co so
But they don't realise that they damage our car value

Thanks for your patience. The fact that this happened when a different management was running the garage does not remove their responsibility to fix this. The previous management were negligent in what they did and they should have fixed it at the time, but this liability still continued for another 6 years (that is the time in which you have to make a claim in the event they do not resolve it).

If new management had taken over in the meantime, they would have also taken the rights, responsibilities and liabilities of the old management so it should not matter that this has happened. Therefore, if necessary, you can consider making a claim against them under negligence to pursue them for compensation for the value of the repairs that are needed.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 4 months ago.
I would like to make a claim. Can you please explain how to be if you will take this case. Thank you

Yes, of course. Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above and as mentioned I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you

Thank you. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.