How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6435
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

On the 2/8/2019 my car had to have a new clutch replaced

This answer was rated:

On the 2/8/2019 my car had to have a new clutch replaced which cost £1115.32.on Friday 29/11/2019 the new clutch disintegrated on my way home. the garage is now charging me for another new clutch they say there is no warranty
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Parks Motor Group ***** Perth Scotland
JA: What steps have you taken so far?
Customer: conversation with garage
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

The Consumer Rights Act 2015 applies here which states that you can expect the service to be carried out with reasonable care and skill - and that the product (the clutch) needs to be fit for purpose and free from defects. If not then this is breach of contract on the garage's part.

The garage is completely wrong to charge you for another clutch. The lack of warranty has no effect on your consumer rights either.

I would send the garage a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say.

Assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland here:

http://www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2

For claims over £300 (up to £5,000) the court fee is £104. If you are in receipt of certain benefits you are exempt from paying the above fee. The fee exemption can be applied for at the above website.

Once you start the claim the Sheriff will register the claim and a timetable will be given to you to detail how the claim will proceed. For this size of claim you can easily do it yourself without a lawyer (or come back to this site for further guidance).

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 3 days ago.
don't understand why you say they pay me I have to pay garage

You shouldn't pay the garage until they fix the car. The clutch should have worked and so you are liable to pay for one item (in working order). Does this clarify?

Customer: replied 3 days ago.
I am not claiming, against paying for another new clutch

Thanks, my understanding is you already paid for one clutch and I have said you do not need to pay for another (as the garage is asking you to pay for another). If I am wrong please let me know

Customer: replied 3 days ago.
that is correct, new clutch lasted 3 months

OK, that isn't long for a clutch so you have a case against the garage for breach of the consumer law. You can threaten to report them to Trading Standards unless they fix the car at their cost.

JimLawyer and other Law Specialists are ready to help you
Customer: replied 3 days ago.
thank you Jim you have made a old man slightly happyier

Glad to hear that - if you were 6 months or later then the consumer rights are not as strong, but since it's only 3 months you are in a good position. Don't let them fob you off and I hope you get it sorted soon.

Have a good evening.

Jim