Garage not returning exhaust system as promised

[bluetaco]

Hi,

 

It will be 8 weeks next Wednesday since I drove from Newcastle on Tyne to South Yorkshire to have a new stainless steel exhaust system fitted to my Mazda MX5.

 

They offered to send my old system back to me by courier at no extra charge which I thought was great as it is a lot to fit in a small car.

 

They have not returned it, when I call the owner says he will look into it and call me back but never does, then he said it was because he lost my address, then it was promised for last Friday delivery, yet again , after I sent an email to which his reply sounded genuine and very apologetic ( I had threatened legal action)

 

My question is what do I do now? the parts that came off would cost many hundreds of pounds to replace. Do I get a solicitor involved or go to small claims myself.

 

Do I start drawing attention to my plight on his business Facebook page and on mx5 forums?

 

Thanks in advance

[BankFodder]

You should be recording your calls. In that way you would have evidence of everything has happened and excuses that have been made.

 

I suggest that you read our customer services guide and implement the advice there and have some more telephone calls with him.

 

Yes, you can start a small claim in the County Court. Your claim would be for the tort of conversion under the Torts (Interference with Goods) Act 1977. It will be a fairly straightforward claim and because you are a private individual and he's a business, he would be obliged to come to your County Court and defend.

 

I suggest that you begin by gathering the recorded evidence that I have suggested to you. Then send him a letter before action giving him 14 days or else you will sue. Do not make the threat unless you intend to go ahead. While you are getting your call recorder in place, start reading up on this forum about how to bring a County Court action. It's not difficult but it's worth understanding some of the steps before you begin.