Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Compensation - dangerous vehicle

    Hello all,

    I'm looking for some advice. I had my car serviced by a reputable car manufacturer and months later a whilst driving my car a problem happened that endangered my life and the lives of passengers in the car (brakes failed). An indepedent garage examined the car and found a spanner rusted to the brake nut on one of the wheels. it had been left there after the 'reputable' garage had serviced my brake fluid months before.The spanner over time loosened the brakes and drained all the fluid causing loss of pressure and no brakes.

    I've approached the garage in question and their 'uk manufactuer'. They called me to say they do not accept that it is or isnt their spanner on my wheel, even though its a specialist one used by garages and also exactly where they did work on my car! They offered me a free service, my money back from the last service and a couple of hundred pounds as a good will gesture.

    Im not impressed with their resolution to this situation and thought i'd try and gather some advice from other consumers before going back to them with a response. Any help would be greatfully recieved.

    Thanks
    SK

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  2. #2
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    Default Re: Compensation - dangerous vehicle

    Hi There

    Does anyone know any dis-reputable car manufacturers?

    I also dodn't think car manufacturers, reputable or not, service vehicles made by them, dealers do. Actually that's not true, Aston Martin provide a service facility but I doubt that's the manufacturer referred to here.

    I would be surprised if the spanner belonged to the garage, more likely some hard working, poorly paid technician.

    I think you should return said spanner to him/her.

    "They offered me a free service, my money back from the last service and a couple of hundred pounds as a good will gesture".

    If they really have offered you all three of the above, I'd accept it without delay, pushing for more would be just greedy.

    Hammy (And take that spanner back, to permanently deprive someome of their property could amount to theft)

    33 years at the pointy end of the motor trade.

  3. #3
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    Default Re: Compensation - dangerous vehicle

    You have a dual circuit braking system so you didn't lose all your braking, you just didn't press enough to engage the secondary system.

    I would agree with Hammy, they have made you a good offer and I would accept it.

    You could of course issue them with a demand of what you want and if they don't agree then sue them, but as no harm came to you or your passengers, I don't think it will hold up.

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  4. #4
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    Default Re: Compensation - dangerous vehicle

    I'm not a legal person but I am a mechanic, it sounds like the garage did a brake fluid change and left a spanner on one of the bleed nipples.
    As it was ok for a few months, I don't think it would have worked loose over time, something must have happened like a stone hitting the spanner, but still the cause would be the spanner being left on the nipple.
    It appears no one was hurt and I assume the dual circuit brake system worked enough for you to stop, had this caused an accident then the outcome would be different, but the offer from the garage sounds fair to me, as long as your not out of pocket and have some compensation.
    I'm not sure what more you want,( the garage fined, more compensation, the mechanic fined or sent to prison) you could ask the garage what associations they belong to and write to them.
    Mistakes do happen and I'm sure the mechanic didn't leave his spanner there on purpose, get your free service and a couple of hundred pounds and move on.


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    Default Re: Compensation - dangerous vehicle

    I agree with what has already been posted.
    They have made you a good offer. You cannot say beyond all reasonable doubt, exactly who was responsible. The garage knows this but as a goodwill gestureicon have made this offer to you.
    If you insist on going for your pound of flesh then you only have a 50/50 chance of winning in court.
    Be thankful that nobody was hurt and take the offer.

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  6. #6
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    Default Re: Compensation - dangerous vehicle

    If you sued them, you would only get compensation for your loss. Their offer is as good as you would be awarded in court.

    However, I would report them to trading standards and also to the police. Even though it may have been a complete accident, they need a little extra pressure to make sure that they don't put other people's live in danger.
    Imagine if your own family was injured here and you discovered that this was not the first time that this had happened before and the previous people had simply taken the money and had not informed the authorities.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  7. #7
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    Default Re: Compensation - dangerous vehicle

    BankFodder

    His/Her, their lives were never in danger, Dual Circuit Brakes would not fail completley given these particular circumstances.

    Informing trading standards and the police is a complete over-reaction (not unusual these days, sadly). There was nothing wrong with the way the gargae has traded. Additionally, there is no proof that the rusted spanner contributed to the fault.

    The police are under manned enough already to deal with proper crime, what crime exactly do you think has occured here?

    I don't know what you did, or do, for a living but imagine if you were reported to the authorited for every little concern.

    Hammy

    33 years at the pointy end of the motor trade.

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    Default Re: Compensation - dangerous vehicle

    Why have I got "Watch out there are Claim Touts about! under my screen name?

    Hammy

    33 years at the pointy end of the motor trade.

  9. #9
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    Default Re: Compensation - dangerous vehicle

    Quote Originally Posted by Hammy1962 View Post
    Why have I got "Watch out there are Claim Touts about! under my screen name?
    because there are claim touts about... so watch out!



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE