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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 73814
Experience:  Qualified Solicitor
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I took my land-rover freelander into quick fit for two tires

Customer Question

I took my land-rover freelander into quick fit for two tires in March. We left car with them went for a stroll. On return we noticed that the back window was down and a fitter reaching in they were looking for key for locking nuts. There was a young lad apprentice standing looking sheepish. I notice the rear door handle had been pulled from car door they apparently could not get door open why? Because they did not double click key fob one click drivers door two clicks all doors. The end result was when speaking to man in charge I said I lived in Aberlour and land-rover garage was down from us said I will get price for new rear door handle and you can deal with them direct. He areed that this was a sensible action and he then gave me a card with garage managers number. I called in morning and the manager proceeded to tell me that the man I dealt with was going to be new manager at Inverness branch therefore honest. The handle apparently came off in his hand when he went to open door. This is a blatant lie as when we returned he was heading to car as he was called for. I have called complaints department twice and I am still waiting for someone to get back to me.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Scotland no I have talked to no one other than quick fit complaints department.
JA: What steps have you taken so far?
Customer: Complained to quick fit
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I gave them opportunity to put new handle on door. Because we take dogs in back of land-rover as wife is dog walker I had handle fixed with gorrilla paste we are talking a new door now apparently they told my wife to bring car in and they will glue it. The problem now is why I am persuing this is if something goes wrong with door electrics it is a door as there is no way og getting handle off. Furthermore the competence of fitters in garage well the apprentice said locking nut key did not fit which got me going as I had rear breaks done a few weeks previous a trained fitter came and he was bamboozled also I ended up calling mechanic who did my brakes handed phone to fitter where he proceeded to tell him there was metal caps on locking nuts mm how many land-rover tires have they fitted I wonder
Submitted: 6 days ago.
Category: Scots Law
Expert:  Ben Jones replied 6 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 6 days ago.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 6 days ago.
Where I stand as I took a undamaged vehicle into a reputable garage and got it back damaged
Customer: replied 6 days ago.
I gave them every opportunity to fix their damage
Customer: replied 6 days ago.
I would like to call however, I am a pensioner
Customer: replied 6 days ago.
Hello are you still there?
Expert:  Ben Jones replied 6 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

Your rights here would be under the tort of negligence where you would be arguing that the negligence of the garage caused damage to your car and therefore they would be expected to either put it right or compensate you to allow you to get it fixed elsewhere.

As you cannot force them to fix it, it does mean that you may eventually have to get it fixed by someone else and pursue them for the associated costs.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

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 – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 6 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 6 days ago.
Your response is not opening all I am getting is error return to page I got your text however, the phone I am using is ancient and not a smart phone
Expert:  Ben Jones replied 6 days ago.

Hi I am sorry I cannot help with technical issues, it could be at your end as I have had no complaints from other customers before that they cannot see the answer. Perhaps refreshing it may work?

Customer: replied 6 days ago.
Please send response to my e-mail thanks Ben
Expert:  Ben Jones replied 6 days ago.

I can only correspond on this web chat

Customer: replied 6 days ago.
I cannot use my phone like a smart phone it is ancient
Customer: replied 6 days ago.
Mmm type your answer please
Expert:  Ben Jones replied 6 days ago.

my answer is above, unfortunately I cannot help with technical issues due to the equipment you use, if you are having difficulties please login via a different device

Customer: replied 6 days ago.
This is a chromebook therefore modern
Expert:  Ben Jones replied 6 days ago.

so you can see my replies now?

Customer: replied 6 days ago.
I am in e-mail Ben thank you I will follow your instructions
Expert:  Ben Jones replied 6 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best