hi im after a bit of advice i recently used my local sainsburys car wash and managed to get stuck in it twice which caused quite a bit of bodywork damage so i reported it to sainsburys head office and they asked me to get 2 vat registered quotes which i done and they confirmed that the car wash was faulty and have decided to go along with the cheaper of the 2 quotes.

the problem i am now having is the car has developed a fault which is far too costly and in my view not worth repairing and sainsburys want to pay the body repair shop directly to have the work done and i have benn offered a part exchange on a newer car and obviously i would have got a much better price for my car if the extra damage caused by the car wash wasnt there so shouldnt sainsburys pay me for the damage caused??

id be greatful for any help

thanks in advance

steve

hi im after a bit of advice i recently used my local sainsburys car wash and managed to get stuck in it twice which caused quite a bit of bodywork damage so i reported it to sainsburys head office and they asked me to get 2 vat registered quotes which i done and they confirmed that the car wash was faulty and have decided to go along with the cheaper of the 2 quotes.

the problem i am now having is the car has developed a fault which is far too costly and in my view not worth repairing and sainsburys want to pay the body repair shop directly to have the work done and i have benn offered a part exchange on a newer car and obviously i would have got a much better price for my car if the extra damage caused by the car wash wasnt there so shouldnt sainsburys pay me for the damage caused??

id be greatful for any help

thanks in advance

steve

Should be easy to resolve. Get the garage to confirm mechanical fault in writing. Send to Sainsburys explaining that body repairs not going ahead, as you have decided to trade in for a new car. Ask for a cheque for the repair cost, so it can be put towards new car purchase.

Yes this should not be necessary, as it is your choice what you do with the damage cost they caused, but if it helps avoid delays, then it might be worth it.

Should be easy to resolve. Get the garage to confirm mechanical fault in writing. Send to Sainsburys explaining that body repairs not going ahead, as you have decided to trade in for a new car. Ask for a cheque for the repair cost, so it can be put towards new car purchase.

 

Yes this should not be necessary, as it is your choice what you do with the damage cost they caused, but if it helps avoid delays, then it might be worth it.

the garage have confirmed all the damage in the quote they emailed me which i forwarded to sainsburys and they agreed to pay the price given but then they said that it would have to be sent as a business cheque direct to the garage.

thank you unclebulgaria67 for your quick response

Suspect Sainsburys are trying to avoid paying VAT, hence settling with the garage.

As your situation has changed and you are not repairing the bodywork, Sainsbury's will have to settle directly with you or you can issue a court claim them if necessary.

Suspect Sainsburys are trying to avoid paying VAT, hence settling with the garage.

 

As your situation has changed and you are not repairing the bodywork, Sainsbury's will have to settle directly with you or you can issue a court claim them if necessary.

Thanks for the info unclebulgaria il call there so called "executive office" on monday.

Dont call. Write. Only ever call if you are recording the call in full.

i called them today and got to wait for call from person dealing with the case tomorrow, i have recorded call and will do tomorrow

Suspect Sainsburys are trying to avoid paying VAT, hence settling with the garage.

 

As your situation has changed and you are not repairing the bodywork, Sainsbury's will have to settle directly with you or you can issue a court claim them if necessary.

How would paying the garage directly avoid paying VAT?

It's more likely that the insurance company want to pay the garage directly to ensure that the repairs are actually carried and and thar the OP simply doesn't just pocket the cash.

How would paying the garage directly avoid paying VAT?

 

It's more likely that the insurance company want to pay the garage directly to ensure that the repairs are actually carried and and thar the OP simply doesn't just pocket the cash.

I have heard of companies wanting to knock of the VAT and have never understand this. Not saying Sainsburys would do this, but they might have negotiated a discount to the quote the OP obtained.

I finally got to speak to the person dealing with my case at sainsburys exec office today and explained that the car was off the roar and i have been offered a part exchange but they say i can either go ahead with the repairs or go through my insurance and they will pay the excess but if i do that i loose my no claims and its going to put my premiums up, which seems very unfair as i loose out for damage they caused my car.

what can i do? id be very greatfull for any help

thanks in advance

steve

No they pay the repair cost in cash to you. Give them 7 days notice in writing in a letter before claim to pay you or you will issue a county county claim against them.

You are not being assertive enough.

your probably right there im not very confident on the phone i will get my sister to help me put a letter together this evening thanks again uncle bulgaria you have been more than helpfull

regards

steve

my sister aint back till friday any idea how i should write the letter?

thanks again

Letter before action/claim templates are available online if you search.

It is simply a letter stating your case.

E.g

I refer to previous communications with x person/store regarding damage sustained to my vehicle, while using the car wash at x store. Name/person at x store has already admitted liability for damage caused and offered to pay the repair cost.

However, the method of settlement in paying the repair garage directly or me making an Insurance on own policy is not acceptable to me. As explained already, the vehicle will now be traded in against the purchase of another vehicle and settlement methods offered are not acceptable.

If the damage repair cost of £xxx is not settled directly with me by cash/cheque, i will have n alternative but to issue a county court claim. In the absence of payment within the next 14 days, i will proceed to issue the court claim.

Send them a copy of the repair quote again with the letter.

Thankyou uncle Bulgaria I will get the letter off to them you have been a real help and I will let you know the outcome.

Kind regards

steve

The insurer only has to put the OP back in the position they were in prior to the accident. There's nothing to say the OP must have cash in their hand.

It's perfectly acceptable for the insurer to send the money directly to the garage to ensure that the repairs are actually carried out.

I wouldn't want to issue a Court claim over it.

The insurer only has to put the OP back in the position they were in prior to the accident. There's nothing to say the OP must have cash in their hand.

 

It's perfectly acceptable for the insurer to send the money directly to the garage to ensure that the repairs are actually carried out.

 

I wouldn't want to issue a Court claim over it.

But what can i do if the car is unroad worthy and i want to part exchange it for another and the part ex price ive been given is considerably lower because of bodywork damage caused by the carwash?

regards

steve

Steps before issuing a claim at court

6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, see link below bearing in mind that compliance should be proportionate. The steps will usually include—

(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;

(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and

© the parties disclosing key documents relevant to the issues in dispute.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct

But what can i do if the car is unroad worthy and i want to part exchange it for another and the part ex price ive been given is considerably lower because of bodywork damage caused by the carwash?

regards

steve

The other option is the repair cosr being paid to the garage where you are buying the new car.

Sainsburys obviously think you just want the cash and the carwash damage event might just have been a way to try to make money. Unfortunately that is the way people think these days, the everyone is out to gain cash from accident events.

The other side get no say in how they settle this, repairs, magic beans, you are fully entitled to ask to be compensated for the amount of the repairs. It's your property, they have no say in what happens to it, only to place you back in the same financial position.

A big fob off, get heavy with them.

this is the latest in my on going problem I sent that letter and they emailed me asking to call and I said that I would prefer to communicate via email.. this is the email I got back

Thanks for your further email and comments. I hope you don’t mind me replying on Eilish’s behalf.

While we appreciate your position, we’re unable to send our cheque to you directly, as cheques must be sent directly to the business who provided the estimate.

I’m sorry for the disappointment this may cause but hope you’ll appreciate our position.

Should you like to progress your case through your insurance or, as you’ve mentioned seeking legal advice, through a solicitor, I can confirm that we’re happy to work with any third parties you may involve in this incident.

Thanks for taking the time to get in touch once more.

Kind regards

Danielle Travers | Executive Office

Sainsbury’s Supermarkets Ltd

they are not an insurance company so they cant enforce the repair but how about you telling them that they have no obligation to any third party and it is not a repair they are paying for as such but your loss as a result of a common law tort. If they were to send the cheque to the repairer and the job wasnt done then the liability sainsburys have to you is not settled so they might as well not risk having to pay twice,