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Car mechanic problems!


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Merchant=repair garage

 

Paid about 1400 from memory (invoice is one of the appendices in the claim) and want around £1000 (again from memory but you have the total + breakdown on the last page of the main letter in the claim). A lot of the £1000 is the 18phr cost though. I have lost money via opportunity cost of having to deal with the car issues too so want this money back some how; whether that be not being able to work in my flat to get it rented out weeks earlier than I did or car parts trading, there is an opportunity cost for me.

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You will need detailed bills from the original garage of all work disputed. You will also need a detailed bill from the correcting garage.

This will be required as you can't just submit a claim for the return of monies paid unless you can prove that it is genuinely owed to you by poor professionalism and workmanship.

 

Even harder will be proving that you lost money from your trade because the car was in the second garage. Bills for taxi, bus fares, insurance etc mean absolutely nothing unless you can show that they were as a direct result of the first garage.

 

Similarly you will have to show without any doubt, that you lost sales because the car was in the garage, that customers who were coming to you went elsewhere and bought their parts. How can you show that?

 

Also I think that will be practically impossible as your claim includes insurance for a replacement car to use while yours was in the garage, why didn't you use that car, unless the insurance certificate didn't show for business use, then the intention will have been to use it was social domestic and pleasure and couldn't be used to deliver parts without breaking the law.

 

S75 and chargebacks are used to recover monies when a service or goods hasn't been received. No bank will entertain a claim for consequential losses.

 

If you want to take this further, you must get together all the paperwork that shows beyond doubt that you never received goods or services that you paid for.

Edited by Conniff
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All bills were in the files, were they not? I provided all bills and third party testimony (written) where mentioned.

 

As mentioned in the claim, I had to get insurance on another car because the car that I got back from the garage was not working properly. And using it while it wasn't running right could destroy the engine.

 

I will investigate the comment regarding business use of the car.

 

Hope the above clarifies your issues-thought it was all in the file I sent you though?

 

Hi-any updates?

 

hello?

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  • 4 weeks later...

When and if you actually issue a court claim needadvice1 ...Im sure you will get the required advice.

 

Regards

 

Andy

We could do with some help from you.

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If you have all the paperwork together in chronological order so that it is apparent by date and time when things happened, what was said and what did or did not happen plus the amount and why you are claiming that amount, then get your claim in, there is no point in hanging on.

 

https://www.moneyclaim.gov.uk/web/mcol/welcome

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The particulars of your section 75 need to be condensed to the main points of loss and be far more succinct for a Small Court claim...I personally do not think you would have any success with regards to costs or compensation...so you should just stick to the losses suffered that you can substantiate.

 

You will need to issue a LBA before you issue your claim...allowing 10/14 days for any readdress.

 

Regards

 

Andy

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Because you will be issuing a part 7 claim for the losses that you can justifiably prove...if you have written evidence of any further costs...then by all means include them ...but you will struggle to claim compensation in Small Claims Track.

We could do with some help from you.

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You can claim anything that you have written documentation (invoices) for that you have suffered a financial loss.

We could do with some help from you.

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Can one of the site team review my paper work please

so I know what I can claim for and what I can't? I

 

 

want to put the claim in ASAP but want to make sure I have done a good job of it.

 

Also, if I hire a solicitor.

 

 

How much should it cost me and how does it work in terms of who pays the solicitor if I win r lose?

 

 

And if I lose, do I have to pay any of their fees?

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Im afraid not needadvice...this is a self help site...read other threads on similar claims...post your draft particulars....we will then advise.

If your hiring a Solicitor they will do it all for you...for a fee.

 

Andy

We could do with some help from you.

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Yes I have seen them...but that was a section 75 claim that was rejected and is no way a particular of claim for a small claims track claim....just read a few threads and look at how others draft a claim.....maximum characters for MCOL is 1050 (about 4 short paragraphs) so your particulars seriously need condensing.

 

If you are unwilling to post your attempts of claim here then I'm afraid you are not going to get much assistance.

 

It is against Forum Rules to recommend any Litigator/Solicitor.

We could do with some help from you.

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Can I claim the £18 per hour rate as someone suggested earlier?

I'm getting conflicting information here.

 

help please!

 

I want to submit my claim online this weekend but now am very confused about what I can claim.

 

I understand that I can claim for anything I have an invoice for i.e. fixes I had to get done at another mechanic because of the original merchants poor workmanship.

 

BUT, what about the £18 per hour rate for preparing the case?

 

it was suggested earlier I could claim for that,

 

now I believe I'm being told I cant claim

 

please can someone clarify this for me?

 

Thanks in advance.

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Costs are only usually allowed in Fast Track cases IE claims over 10K...you can only claim minimal costs in SCT...the fee for submitting your claim.

We could do with some help from you.

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what do you mean by "costs"?

costs to me,

a layman,

means anything I spent on which would include repair bills. s

 

o according to that,

in the above you are saying I cant claim anything at all. c

 

an you please clarify using layman's terms,

a lot of the advice on here very confusing.

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No costs means preparation and time submitting the claim...you are talking compensation/damages.

We could do with some help from you.

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