Halfords overfilled engine oil then bodged repair then denied liability! Legal action starting! HELP needed!**SUCCESS**

[Brownguy53]

no!!! don't spend more time. Spend less time.

 

ok

[Brownguy53]

Yeah I hold my hands up, I want to start things off ASA..am a bit obssessive about this but also want to get it right, but it's because theyve caused so many problems for me in the last 37 days, like I said I actually have incurred alot more charges than what I am asking for but cosnidering what everyone has wrote I am thinking about inputting them.

The look on my partner's son's face on Christmas Eve when I told him he couldn't visit my mother who he calls his grandmother and loves was heart breaking to me so am determined to seek justice. Justice to me will be simply gaining the value of my vehicle or repair back.

 

Anyway I have considered what you said and wrote this now..the part am struggling on is the costs..I believe this is within the word count too.

 

PARTICULARS OF CLAIM

1. The claimant visited one of the defendants stores in X and purchased engine oil and their oil top up service.

2. The work topping up the oil was carried out negligently thus consequently substantial damage was caused to the claimant's car.

3. The claimant's car damage was caused by defendant's negligence and breach of the Supply of Goods & Services Act 1982.

4. Claimant immediately returned to defendants store seeking repair of vehicle. Defendant admitted liability and promised repair/reimbursement in audio recording. Defendant misled claimant by informing them vehicle was safe to drive in meanwhile. Claimant called breakdown service who confirmed vehicle not safe to drive. Defendant conducted repair 6 days later but repair was negligently carried out which caused further significant damage to claimants vehicle.

4. Claimant seeks reimbursement of all costs incurred due to defendants negliglence.

6. Claimant has spent at least X hours trying to deal resolve with defendant.

 

7. Total of costs incurred - X

 

8. Interest Pursuant to section 69 County Courts act 1984

[Brownguy53]

Consumer Protection from Unfair Trading Regulations (2008).

 

I'm just thinkingyou know because the store misled me by telling me the car was safe to drive..is it not a breach of the above too?

[BankFodder]

Yeah I hold my hands up, I want to start things off ASA..am a bit obssessive about this but also want to get it right, but it's because theyve caused so many problems for me in the last 37 days, like I said I actually have incurred alot more charges than what I am asking for but cosnidering what everyone has wrote I am thinking about inputting them.

The look on my partner's son's face on Christmas Eve when I told him he couldn't visit my mother who he calls his grandmother and loves was heart breaking to me so am determined to seek justice. Justice to me will be simply gaining the value of my vehicle or repair back.

 

Anyway I have considered what you said and wrote this now..the part am struggling on is the costs..I believe this is within the word count too.

 

PARTICULARS OF CLAIM

-

you don't need this

1. The claimant visited one of the defendants stores in X and purchased engine oil and their oil top up service.

2. The work was carried out without reasonable skill and care.

3. The claimant's car damage was caused by defendant's breach of their contractual duty

4. Claimant immediately returned to defendants store seeking repair of vehicle. Defendant admitted liability and promised repair/reimbursement in audio recording. Defendant misled claimant by informing them vehicle was safe to drive in meanwhile. Claimant called breakdown service who confirmed vehicle not safe to drive. Defendant conducted repair 6 days later but repair was negligently carried out which caused further significant damage to claimants vehicle. This is evidence. Don't plead evidence in your POC and certainly not at this stage

4. Claimant seeks reimbursement of all costs of repairs and also loss of time and inconvenience caused by defendants' breach.

6. Claimant has spent at least X hours trying to deal resolve with defendant.

 

7. Total of costs incurred - X

 

8. Interest Pursuant to section 69 County Courts act 1984

 

 

But ofc rouse, have you discovered what the problems are and the cost of repairs? Have you got two independent assessments? You should not proceed until you know what your losses are.

[Brownguy53]

Hi yes I have spoke to Nissan Dealership and they have put in writing that repairing the catalytic converter will not fix the issue alone ,

the car has a prob with cat and emissions and in a seperate I spoke to parts and servicing who quoted me and emailed me the quote.

 

 

They quoted £2700 vehicle inc VAT and said they can't guarantee that'll repair the vehicle as

(1) they haven't seen it

(2) the engine oil could have gone into the exhaust system which is a whole other job and an additional £1000.

 

 

They are just going on the diagnosis I have which is what halfords said that car has emission problems and needs cat converter replacing.

.there could be more complications to other components which is highly likely considering the amount of overfill according to Nissan,

but they said can't confirm if other damage without seeing vehicle

 

The car's valuation is November 2014 when is was inspected was £2400

so from what I read i must act in the interest of fairness and write the vehicle off

as the costs of repair exceed the value of the car in today's market and a recent valuation (that valuation was nov 2014.).

 

I am using the pre valuation certificate as proof of value pre-incident..

 

I also did get a quote from Kwik Fit who said £2999 and same thing no gaurantee it'll fix the problem.

 

 

Now Halfords have the car in another town 120 miles from my location and have not returned it to me.

.The other losses I have listed and got evidence for ie email reciepts, shop reciepts etc. They are what I put before.

 

How should i address this in the POC bankfodder and in terms of the evidence whats the best way to reword this and approach it?, your advice would be appreciated grately.

[BankFodder]

Are Halfords refusing to return it?

[Brownguy53]

Are Halfords refusing to return it?

 

No they haven't contacted me whatsoever about returning it.

 

 

But i had car hire with them as halfords provided a courtesy car whilst they investigated how cat converter damage occurred till 29th

and they ended it earlier than agreed on 28th without informing me.

 

 

Last point of contact Halfords said the car was undriveable and unsafe because of emissions and cat converter going.

But theyve not told me how or when to pick the vehicle up,

 

 

My mother has been in since to get some stuff out of the car (as she lives in the city of the autocentre)

and they wouldn't let her go to the car (they are keeping it inside the autocentre even overnight)

and told her they'll get whatever she wants out for her.

 

Halfords are aware though that I work away and don't live in where the autocentre is (i live 120 miles away)

and with the car being unsafe I assume if i drive it i would assert liability of further damage.

 

 

Other option is having it towed somewhere but again I do not see why I should incur charges for towing

and further make claims on my breakdown cover as im unable to claim breakdown insurance loss of no claims discount back

(because my breakdown insurer is seperate to my car insurance and if you make no claims they give you 25% discount when you renew.

I lost this for this year now because of as explained in my OP Halfords!.)

[BankFodder]

How have you arrived at the £2,400 value?

[Brownguy53]

I had the car valued by 1 company before all this happened in November 2014 as I was thinking to get a newer car the following year (at this point) and so got a few valuations. Most of which were verbal. I only had 1 which was emailed to me by a company and they gave a pre valuation certificate of their price for the car at £2400 in Nov 2014. They graded the car at this because it has low mileage and condition was excellent. I have maintaince reciepts and have spent about 2k on the car in reciepts..probably more. Full service stamps and everything..

[BankFodder]

Is this the replacement value? I think that you should simply start looking around the internet and autotrader sites etc and find 4 or 5 cars the same as yours and see what they would cost to buy.

 

Incidentally I don't think that you are ready to issue a claim yet because you haven't prepared. You have been spending to much on form and not enough time on assessing your losses.

This is the most important part of any litigation

[Brownguy53]

Okay so I can't rely on a prevaluation certificate then from this company who visually inspected the car in Nov? Is this because the court may say its from before the incident occurring? I'll take a look at how much they are to buy now then. If i can't find one with the same mileage and same year what should I do? Just get a few internet valuations?

And okay bankfodder I trust your opinion. I shall do research..paperwork on HOLD!

Thank you

[BankFodder]

You an rely on it - but it may not be the best for you. Get a few evaluations and take an average. Use a bit of commonsense about it.

[Brownguy53]

Right okay Thanks. So I need to be more fair with the value of the car then right. Well I'll look around at how much very close to similar model perhaps with maybe more milage or less is and see. And keep screenshots as evidence

[BankFodder]

You need to maximise what you are claiming for. They can always challenge it.

Also you may need to get an independent valuation of the damage of an inspection

[Brownguy53]

I see. How can I get a independent valuation when Halfords haven't informed me anything about getting the car as explained and are keeping it locked away? I've looked around and seen some simliar vehicles with less mileage but bigger engine but same year and same model and seen a 06 same model with low mileage could i use these or it would need to be exact same model and exact same mileage or closest to?

[BankFodder]

If you can't find the exact one then get a dozen or so as close as poss.

 

So far as an inspection is concerned, you will need to write to Halfords and tell that you are going to arrange one - and do they have any objections.

 

If you are lucky they will write back and object. This will release you from any further obligation on that score.

If they agree then I would suggest that you arrange and AA or RAC inspection or both.

[Brownguy53]

Okay so i should write to them ASAP? They said they won't enter into any further correspondance on the matter. So I guess I have to write to the legal team then that they sent me the address of? If I recieve no response what should i do?

Thanks Bankfodder already found 2 very similiar! if they were to source me a replacement vehicle I'd even be happy with that TBH!

[BankFodder]

Just write to the usual address. Send it registered. Say you want a response within 7 days. If they refuse then good. If they don't respond - then that's good too.

[Brownguy53]

Do you think this draft letter is okay to them ? I can post today...

 

 

RE: CASE XXX

 

Dear Halfords,

 

 

Following my prior communication with you I would like to ask that I can arrange a independent inspection of the vehicle held at your Halfords Autocentre XXX in order to ascertain the cost of repairs and also the replacement value of the vehicle.

Please may you notify me in writing of your acceptance or objection to this matter so that I can progress my investigation into this matter.

If you agree then I will also need a contact name and phone number so that the inspector can contact you directly to make the necessary arrangement.

I would appreciate a response within 7 working days.

 

 

Regards

 

 

This ok you think?

[BankFodder]

In red above.

[Brownguy53]

Thanks bankfodder! Found some vehicles very close (same year same spec but 3k less mileage than mine and mot/tax diff) and theyre close in price (£2195 mark) so I'll take screenshots of them as proof now

[BankFodder]

OK. If the asking price is less than the value of the certificate you have, then keep with the certificate and sue for that. You want to claim the higher figure.

[Brownguy53]

OK. If the asking price is less than the value of the certificate you have, then keep with the certificate and sue for that. You want to claim the higher figure.

 

Right okay. Should I keep a screenshot proof with contact details of the seller/dealer and spec of the vehicle/pics as a back up for my own records then?

I will try and get that letter sorted out but will post it ASAP, if I can today if not tommorrow. Currently for the LBA I sent 1 copy recorded to store, 1 copy recorded to legal team and 1 copy to email address I have for Customer services/claims handler. I received a a response saying same legal stance and no furhter consideration will be taken...what I posted in my OP (original post). So i'll just post this letter about inspection to just Customer services address right? Im just thinking about this as I dont want them to say it was sent to someone irrevelant?

[Brownguy53]

Sorry bankfodder just seen where you mentioned it before! it's been a long day! Will post tommorrow and see what happens.

[Brownguy53]

Okay bankfodder. The LBA that was sent before this thread only recieved the response I posted originally that their 'comfortable' their 'stance' is the same and they won't enter into any further correspondance and they refute that they accepted liability ever and 7 days have passed now from the date of LBA so I take it legal action wise they don't care.

I have today posted the above inspection letter too so thanks bankfodder. Have kept reciept and it was sent 1st class recorded requiring a signature so will await response within 7 days.

I agree with your action Bankfodder having reviewed what you said. So am now thinking about the costs incurred and what I need to claim again.

Maybe if you give me your opinion you could tell me if you think it's okay? I would value your opinion.

 

(1) Car Value (Pre Valuation Certifcate) (Due to write off as repair cost/s from 2 quotes being higher than original value of car and prevaluation done in Nov 14)

 

(2) (a) Taxi cost during repair & (b) Transport cost due to loss of vehicle and © cut of car hire early and non return of vehicle replacement transport costs- £192 (excluding car hire dates of which no taxis were used). I did not take out car hire as from what I understand a judge will say I am overzealous and although disabled it could be argued that I shouldn't have a hire car and also that I could get a bus or taxi which is cheaper in the long run. So I felt it was more reasonable to do these costs.

 

(3)Loss of earnings from freelance work for 6 days

(These dates are 24/12/14-30/12/14)

Car hire took place after this period.. so will not be able to claim loss of income during these dates - (12th January-28th January 2015 which is when I had work)

 

(4) Stress & Inconvenience due to the whole matter and further being disabled with mobility issues..the matter has caused me a lack of sleep and depression/stress which is backed by a GP Report & Sick Note (although I read I may have to remove this as its debated if you can include it.)

 

(5) Loss in petrol by Halfords during first repair

 

(6) Postage costs

 

(7)telephone calls

 

(8) interest- (set at 8% standard bank rate)

 

HOWEVER:

I have also lost:

- Road Tax (espicially as the car is not guaranteed to be repaired by the repairs quoted and no mechanic is guaranteeing they can repair it even after the quoted prices which exceed the original value.)

- car insurance

- Loss of 25% discount for having no claims on breakdown insurance.

-Petrol costs that friend incurred for picking me up on Christmas Eve & Christmas Day. (she didn't keep the reciept only has a bank statement, which I don't think is suitable.)