iI've printed off all the emails that were swapped between us. one of which is a photo of the faults list from ford but no conversation. one of which is me mentioning to them that they asked me to take my van to fords to find the faults as they couldnt manage it. one of which is the invoice from the independent garage for the repair to turbo. i have the parts which were removed during the repair, one of which is burnt. i am waiting for the letter from the independent garage to add. so i print X3 copies of DQ? and serve copies on all other parties. do i post a copy direct to them?

i have the mechanics mobile number that repaired the turbo. i messaged him, and called him. he has not responded. i called the garage. the secretary said to me, most of the information is on the invoice. i did say i need a written statement for court ands she is prepared to do so and has sent it through the post on headed paper. not going to manage a written statement from the mechanic unfortunately. i do have emails, not many. most of the corresponding was done via phone unfortunately, i didn't know it would come to this. the court is 10 mins walk from my house. the defendant is based 5 mins walk from the court. i may return the forms in person? will save time. is this ok?

There was more phone conversation than emails. I do have the defects report from ford which I sent via email to the garage. But not anything from the garage telling me they cannot find a problem I have 2-4 emails sent to the garage saying that there is a screaming noise and how could you give it back to me like that, I need it looked at asap pls. At the time I didn't know the turbo was blown. They have also said In their defence how they asked me to contact head office and was asked to furnish them with evidence of having been to an independent garage, I have an email from the garage asking for the invoice from the independent garage which I sent in to them. I will contact the independent garage first thing in the morning.

hello. i received the DQ today and with it, a copy of the defence. the defence is as follows: the defence was dated 7th dec 2020. the info on my claim history is: A bar was put in place for roadstar autocentre on 10/12/2020 roadstar autocentre filed a defence on 10/12/2020 DQ sent to roadstar autocentre on 10/12/2020 the vehicle we're actually talking about is a van. a large red van. the high pitched screaming was apparent from the moment i drove way from the garage, due to the sheer volume of work i faced after returning from xmas break it was just not convenient to me to return it for examination, and also they never seemed to have availability. the garage had it at the end of jan 2019 for around 2 weeks and one of the problems id raised was the heater was not working. in the 2 weeks they had it, they could not fix it or explain why. when i returned at the end of jan to try to have the heater fixed again (which they still couldnt manage), they 'examined' the screeching noise. they told me that there was a couple of screws loose and it had been sorted. and that they had put a dye into the engine to find the oil leak. on their defence, they have stated that the vehicle was examined by 2 mechanics and no problem found. They have signed this to be true. upon leaving the garage the van was still screaming, i called the garage and we ended up having an argument. the garage manager is very blunt and rude and totally unhelpful. I emailed the manager to say 'i am not interested in a stupid argument, i want the screaming fixed, i have paid almost £2000 without question now i am receiving terrible customer service.' as i was so busy at work it was impossible to get back to the garage on the few occasions they did have a slot. there was a period of time during the year when the noise stopped, or was almost imperceptible, and it was so draining trying to deal with the garage that i left it. and eventually, it came back. after a few calls or emails i was told the mechanic that done the work would come for a drive with me to determine the source of the noise. we drove, the high pitch noise screamed, i asked him if he could hear it, and he sat next to me in my own van, looked me in the eye, and said no. i took him back to the garage. i emailed the manager to ask for a verdict, no reply. when i rang him, he told me the noise was not mechanical (the noise the mechanic said he couldn't hear) and it was nothing to do with them and not their problem. i was seething yet i did not know what to do, as i did not know what i could do. i suffered it. at some point the power to the van was suffering and it was almost as though something was not working. i took it to a garage that the man i work for recommend, and they found the problem straight away. the turbo had been incorrectly installed. a part that was renewed by the new garage was given to me to keep, and was clearly burnt and damaged. i do understand that I'm a bit all over the place here, we're talking about january to september. would anyone be able to advise me in how to proceed without writing a novel, or is this a necessity. its a little bit difficult as it was over quite a long time, i can't precisely remember the exact sequence of events. i do have quite a few emails, can i use these as evidence. i understand i am to ask for mediation.

thank you

hello there am i waiting to receive paperwork from the court? i don't want to waste time.

hi bank fodder. I'm looking through the guidance at the moment. It states the onus is on me to advise the court on how i want to proceed once the defendant has filed a response (Defence) im looking at my claim online and there is no further information, i cannot view the defendants defence. what should i do now, do i wait for the DQ to come back from the defendant? its a little bit stressful. i feel a little out of my depth, not having done this before. Although i believe im right.

A bar was put in place for roadstar autocentre on 10/12/2020 roadstar autocentre filed a defence on 10/12/2020 DQ sent to roadstar autocentre on 10/12/2020

Ive received a notice of issue from the court. The claim was issued on the 2nd december. the court sent it 1st class post to the defendant and it will be deemed to be served on the 7th december. the defendant has until the 21st december to reply.

the claim has been sent

i already have read the guidance, but i think ill need to read a it a few times! thanks again old chap. ill report back asap I've fulfilled the pre action requirements by sending the 14 day warning letter, and i have a receipt of posting. so i can continue?

When i said they declined to rectify the problem, they had me collect the mechanic in question and drive him about to hear the high pitched screaming coming from the engine, which was more than clearly apparent as it was high pitched screaming, but he told me he couldnt hear anything. so i guess we can just skip that right there were no costs if I'm honest. just absolute inconvenience borrowing other vehicles trying to get into work In december 2019, the defendant agreed to investigate into repair a problem with the claimant's vehicle ford transit registration ........ The defendant discovered that the vehicle's turbocharger had failed and had to be replaced. The defendant replaced the turbocharger at a cost of £742.50 for the replacement unit and £480 labour charge. The repair failed and an independent garage discovered that the turbocharger had been incorrectly fitted. The defendant declined to rectify the problem so the claimant paid an independent garage to refit the turbo unit which is now working satisfactorily. The claimant seeks reimbursement of £480 wasted labour charge for the fitting of the turbo unit, plus interest pursuant to section 69 county courts act 1984

Hello. yes, im referring to the draft letter of claim that i posted up a month ago. I done as you asked, sent it recorded delivery on the 17th november and left it at that as i had nothing more to say? i haven't moved onto the next step as i did not know what it was, I've never made a claim before, done plenty of reading about it - as i have just done when logging into my government gateway account. I read the whole of the guidance info and its quite daunting. it may seem clear as day to you, and others as i have come across their posts, they seem to navigate quite easily though it. Maybe I'm just unsure of myself. its quite clear that if you make a wrong entry it can be disastrous and time consuming. Ive registered with MCOL. and begun a claim. is it against the garage, is it against the manager, you know, im just afraid to put a foot wrong, I made the donation to show that im serious about this and i do genuinely appreciate your help as id otherwise have nowhere else to turn. shall i make a draft POC and let you see? thanks In December 2019 I left you my vehicle to investigate for certain problems. Eventually you installed a new turbo with labour costing £480. An independent garage has had to reinstall the turbo correctly as you would not engage with me when i complained to you about problems with it. I have the faulty items in my possession as proof. i now require the refund of this money including interest. ( My draft POC)

oh im sorry about that. i didn't want to constantly bombard you. Ive done as you said, and sent a letter to the garage by recorded post. the letter was written exactly as above. ive had a missed call and that's about it

hello there. So i have a receipt for proof of posting for the letter we have spoken about. Date of posting is 17th Nov. I have had one missed call from the garage and that's it. can you let me know what i have to do next please?

thank you

Dear jon In December 2019 I left you my vehicle to investigate for certain problems. You reported that you were unable to find anything wrong. You recommended that I take it to a Ford dealership. The Ford dealership reported that amongst other things the turbo had ceased to function – which you had not discovered. I returned the vehicle to you and ask you to replace the turbo. You did so and charged me £742.50 for the turbo and also £480 Labour for installation. Immediately after i drove it away from you the turbo unit started to make serious noises but when I telephoned you about it you told me that it was not your problem and that you wouldn't do anything about it. I have since had to take the car to a another garage who discovered that the turbo had been incorrectly installed, They were obliged to remove it and reinstall it correctly and it is now working satisfactorily. This means that I have unnecessary paid you £480 for the installation of the turbo. I require the refund of this money. I have tried to engage with you on this but you have declined to become involved. If I do not receive a full refund within 14 days that I will sue you in the County Court and without any further notice. Yours sincerely gavin

should i send to the manager of the garage or head office?

Thanks. Yes you're right. It was a template on which? I thought there was certain things that had to be said. Ok so I'll add my details, and send by recorded post?

21 Upper bridge road, chelmsford, CM2 0AY Roadstar LTD, new writtle street, chelmsford, CM2 0LF Dear Jon sharply Reference: Faulty turbo installation As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. At the end of 2019 I asked you to check my vehicle for problems. After leaving my vehicle with you at your request, you could not find any problems and told me to take it to ford. Ford provided a list of problems, one of which was that the turbo had stopped working. I asked you to replace it. Immediately Upon receiving my vehicle back, a high pitched screaming emitted from the engine area. You sent the mechanic who fitted the turbo out on a drive with me and he told me to my face he could not hear the high pitched screaming coming from my engine. I emailed you to ask what was going to happen and you completely ignored me. I called you and you told me it was nothing to do with you and not your problem. From you I am claiming: £480 for 5 hours turbo installation I have calculated this sum: From the amount stated on your invoice. Listed below are the documents on which I intend to rely in my claim against you: Invoice from an independent garage who repaired the faulty work you’ve done In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents: [List any documents you want from the party you are claiming from] I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. (NOT SURE ABOUT THIS?) I would invite you to put forward any proposals in this regard. [Alternatively you can set out details of any ADR scheme that you would be prepared to use] In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 28 days. Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you. Yours faithfully, hello. ive had to copy and paste this as i can seem to use word - it didn't look like this before i pasted it. Am i on the right track?

I will do. I'll check the invoice tonight and make sure I have the right amount.

Ok. On the invoice I'm quite sure they've stated 5 hours labour for installation. So I'll go with that amount. I'll tweak this template I have later and show you asap. Thank you for your time.

It's clear, but it's. Not correct. The 2000 was for other work also I do understand what you're saying but it may be easier for me to show you a copy of the invoice then we can be completely correct. I will send a copy this evening after work if you don't mind.

I'm more than enthusiastic. I'm also really angry with the garage. Just a bit hesitant as I've not done a claim before and it's something "I'll do tomorrow" as I actually have to think about what.im doing for once I'd be happy with just the money back for the repair, but did you say that I should also claim for the labour from the first garage? Labour time from initial turbo fitting Repair from new garage Thanks

Hi bankfodder I complete understand how I may be coming across but please don't misunderstand me, I didnt want to keep pestering you even though I now realise you're quite happy to help. I do want to get going right away but its new to me and I don't want to put a foot wrong. Also having problems with teletext holidays and it's quite stressful. I am so grateful for your patience, without you I wouldn't be able to do anything. So, I have found a Template for a 14 day warning, letter before action. Shall I tweak it and show you first ? Thank you