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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 10360
Experience:  Dual qualified Solicitor and Attorney
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I took my car to a garage and something went wrong with it

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I took my car to a garage and something went wrong with it while they were fixing it. They had to send it to another garage. It was handed back to me still faulty. Under duress I paid them as I needed the car. It broke down and it went back. They then sent it back to the other garage as they couldn't fix it. This has been going on for about 5 months. The other garage has fixed it but it still has problems that should have been dealt with by the original garage. The original garage is not responding to messages or calls. I've even written but no response. What can I do
JA: Where are you? It matters because laws vary by location.
Customer: Gosport Hampshire uk
JA: What steps have you taken so far?
Customer: Called many times and demanded car back in working order. No response
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It has cost money I have had to buy another car and I am insuring 2 vehicles

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Customer: replied 14 days ago.
Thank you

You should write to them and ask them for a full refund within 14 days or you will bring legal action.

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

Claims between £10,000 and £25,000 are subject to fixed costs only so if you lose then the risk is minimal. Further, the money claim website allows you to sue for an amount up to £100,000.

You would claim the sum for the loss, the court issue fee (details of fees are here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

I trust this assists

Jeremy Aldermartin and other Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you much appreciated

Happy to help, take care