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paulfoel

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About paulfoel

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  1. Thanks. Yes I think you're probably right here
  2. Had my car services at local garage. Drove 100 yards and car broken down. Someone had forgotten to reconnect the diesel feed. Diesel all over the road, inside the engine bay etc. Anyway, they sorted that (thought it was funny!) Got home. Car engine seemed louder than normal. Checked - the air filter cover had been rammed back on, forced down, and screwed back on wonky. Massive gap - hence the noise. All I've got from them is "bring it back in". Mega hassles for me to do this. I dread to think what else they've done wrong with this service based on what I've seen so far. I'm not sure if I want them anywhere near the car. I am considering getting the air filter sorted by another garage and maybe paying for another service. I have no confidence its been done properly. Legally, where do I stand? Personally, I'd like a refund because the work hasn't even come close to being of a decent standard.
  3. £95 not a lot..... Read somewhere that theres the option to have the issue determined by someone (I guess the judge) without having to attend court?
  4. Can the defendant really claim loss of earnings? I thought the idea of the small claims court was just that they couldnt do that? I remember taking an employment agency to court once. Refused to pay me long story. They called me personally the day before and threatened to claim £1000s in costs if I went ahead - trying to intimidate me. I went to court and they didn't show so I won. But I remember the judge telling me they can't do this because it just means that people get bullied into dropping the case when they were probably right because they don't want to risk a financial loss.
  5. Incidentally, how much would court fees be for this if it went that far?
  6. Thanks BankFodder. Makes sense..... Still think - based on other dealings I had with the guy that hes tried it on. (He tried to offer me £200 to take the car off my hands, I've since had it valued at over £2000 so he tried it on a bit there). I still think hes thought, wont say anything, keep quiet, easy £100 for 30 mins work collecting this car.... Nice little earner.
  7. Claim details Claim number: Claim amount: £125.72 View amount breakdown Amount breakdown Amount Fee for Recovery £100 Interest £0.72 Claim fee £25 Claim Total £125.72 Reason for claim: Car was booked in to Mr Thomas' garage several weeks in advance. At the time, a discussion was held as to how the vehicle would be transported to Mr Thomas' premises. Mr Thomas advised me that collecting the car would be no problem. At the time the car was booked in, no mention was made of a "Recovery charge" to collect the vehicle. I would argue that it would have been fair for Mr Thomas to make this clear at the time. The charge made of £100 is much more than the going rate. Again, I would argue that it would have been fair for Mr Thomas to make it clear at the time that collection of the vehicle would be at a premium cost. Timeline Date What happened march Booked car into garage and discussed collection. 2nd April Car collected. Work begins on car. 5th April After deciding not to go ahead with the work, presented with invoice which includes £100 "Recovery Charge". Evidence Type Description Letters, emails and other correspondence Facebook chat log. (Mr Thomas advised that car could be brought in on his trailer so its not an issue. No mention of charge). Receipts Invoice plus chat logs indicating that "Recovery Charge" is £100. The defendant’s response Mr Ross Thomas admits they owe you £45. They don’t believe they owe the full amount claimed. They’ve offered to pay you £45 immediately. Their defence Why they don’t owe the amount claimed "The customer has asked for my full fee of £100 for the recovery of his car to my workshops to be refunded to him. I find this unjust and unfair. After we had recovered the car to us and completed other works to the car it became apparent that the work needed on the car was uneconomical. The customer asked for us to return the car to him, which would have incurred another fee of £100. He decided to seek other avenues for the return of his car to him, eventually settling on a quote from another company of £55. After the customer has paid our invoice to him in full, he has now decided to try and recoup the cost of my recovery from us and interest and fees, I dispute all of this. I have previously offered a gesture of goodwill, in the form of a refund to him of £45, which is the difference between our fees and the fee he sourced elsewhere to get the car returned to him. I have based this on the fact that had he used another company to bring the car in to us in the first instance this is what he would have had to pay them instead of our £100 fee. I am happy to stand by this gesture in order to close the matter. However if this is not accepted I will be taking the matter further, and will also be issuing a counter claim for my costs and time taken from business in dealing with this issue, and the stress and anxiety this has caused me. I hope this resolves the matter in a fair and just way. "
  8. April Spoke to garage - can look at in 3 weeks. Mentioned that car was not driveable, exact words "no problem I can collect" Stupidly, I did not clarify this was for free. So car goes into garage. Some work gets done but I decided not to go ahead with all of it. Alarm bells started to ring when he offered me about 5% of what it was worth "to save you paying me £100 to bring it back". I declined this and got the invoice to find I'd been charged £100 for "recovery fee". At the time, I did complain and say it would have been nice if he'd told me that it was £100 instead of implying it was free. I could have got something sorted in those three weeks. So then he mentioned again, it was £100 to bring it back and it needed to be gone next day or he'd be charging me storage fees. I paid the invoice for the work done plus the £!00 recovery fee under protestest. Arranged my own recovery at short notice for £55. I could have got it much cheaper given a few more days notice. So this went on, I told him I wasn't happy with the £100 charge. His attitude was always "tough luck you didn't ask so its £100". Very unfair. In the end, I thought, sod it I'm starting a small claim. This guy had been deliberately vague knowing I'd have no choice. And then tried to squeeze me when he had the car as well. So this is where we're at now. Hes responded with an offer of £45 arguing that it would have cost me £55 anyway (it wouldnt - with 3 weeks notice I couild have got my mate to tow me). And of course, hes now threatening to counter claim for the time wasted and stress if I don't accept. I'll try and work out how to post the claim form without my details on it. Claim details Claim number: Claim amount: £125.72 View amount breakdown Amount breakdown Amount Fee for Recovery £100 Interest £0.72 Claim fee £25 Claim Total £125.72 Reason for claim: Car was booked in to Mr Thomas' garage several weeks in advance. At the time, a discussion was held as to how the vehicle would be transported to Mr Thomas' premises. Mr Thomas advised me that collecting the car would be no problem. At the time the car was booked in, no mention was made of a "Recovery charge" to collect the vehicle. I would argue that it would have been fair for Mr Thomas to make this clear at the time. The charge made of £100 is much more than the going rate. Again, I would argue that it would have been fair for Mr Thomas to make it clear at the time that collection of the vehicle would be at a premium cost. Timeline Date What happened march Booked car into garage and discussed collection. 2nd April Car collected. Work begins on car. 5th April After deciding not to go ahead with the work, presented with invoice which includes £100 "Recovery Charge". Evidence Type Description Letters, emails and other correspondence Facebook chat log. (Mr Thomas advised that car could be brought in on his trailer so its not an issue. No mention of charge). Receipts Invoice plus chat logs indicating that "Recovery Charge" is £100. The defendant’s response Mr Ross Thomas admits they owe you £45. They don’t believe they owe the full amount claimed. They’ve offered to pay you £45 immediately. Their defence Why they don’t owe the amount claimed "The customer has asked for my full fee of £100 for the recovery of his car to my workshops to be refunded to him. I find this unjust and unfair. After we had recovered the car to us and completed other works to the car it became apparent that the work needed on the car was uneconomical. The customer asked for us to return the car to him, which would have incurred another fee of £100. He decided to seek other avenues for the return of his car to him, eventually settling on a quote from another company of £55. After the customer has paid our invoice to him in full, he has now decided to try and recoup the cost of my recovery from us and interest and fees, I dispute all of this. I have previously offered a gesture of goodwill, in the form of a refund to him of £45, which is the difference between our fees and the fee he sourced elsewhere to get the car returned to him. I have based this on the fact that had he used another company to bring the car in to us in the first instance this is what he would have had to pay them instead of our £100 fee. I am happy to stand by this gesture in order to close the matter. However if this is not accepted I will be taking the matter further, and will also be issuing a counter claim for my costs and time taken from business in dealing with this issue, and the stress and anxiety this has caused me. I hope this resolves the matter in a fair and just way. "
  9. Reason for claim: Car was booked in to Mr Thomas' garage several weeks in advance. At the time, a discussion was held as to how the vehicle would be transported to Mr Thomas' premises. Mr Thomas advised me that collecting the car would be no problem. At the time the car was booked in, no mention was made of a "Recovery charge" to collect the vehicle. I would argue that it would have been fair for Mr Thomas to make this clear at the time. The charge made of £100 is much more than the going rate. Again, I would argue that it would have been fair for Mr Thomas to make it clear at the time that collection of the vehicle would be at a premium cost. Timeline Date What happened march Booked car into garage and discussed collection. 2nd April Car collected. Work begins on car. 5th April After deciding not to go ahead with the work, presented with invoice which includes £100 "Recovery Charge". Evidence Type Description Letters, emails and other correspondence Facebook chat log. (Mr Thomas advised that car could be brought in on his trailer so its not an issue. No mention of charge). Receipts Invoice plus chat logs indicating that "Recovery Charge" is £100. is correct thread
  10. Merged wth wrong thread BTW Ross Thomas - Thomas Classic and Modern Cwmbran I'll get claim form posted.
  11. OK heres the full story.... My wifes has an old classic car thats off the road. I phoned this guy and he said he could look at in 6 weeks. We discussed the fact that the car was not driveable and his exact words were "no problem I'm happy to collect it on my traier". Off it goes. Went ahead with some of the work, not all - still not driveable. So he tells me £100 if you want it back. Then he gives me the invoice for the work done and I see "Collection Fee £100". In the end I have to pay the bill to get the car released but I let him know I'm not happy - I also arrange my own recovery for £55. Anyway, I tell him that he made no mention of the £100 fee when he offered to collect the car. Also, he must have known his £100 fee was a premium fee yet chose to keep quiet about it. His attitude was that's my fee, you didn't ask, tough luck, nothing is free. I pointed out that I had recently had a similar experience with the gearbox on my car and recovery to the garage in question was included. Also, with 6 weeks notice, I could have got the car to him a lot cheaper than £100 . - his attitude, tough I charge £100. So after letters, he offered £45 on the basis it would have cost me £55 anyway. To be honest, I'd have got a mate to tow it for free with 6 weeks to do it. Personally, I think he knows that being vague has allowed him to charge £100. He knew damn well what he was doing. So I entered the small claim and his response has been as above.
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