Roadstar Autocentre - i've raised a Court Claim re: terrible service after wrongly fitting a turbo **WON**

[gavino76]

Unfortunately the garage manager, helpful as he is, doesn't want to be drawn into court cases etc. So would rather not make a statement.

 

He said they have basically installed the turbo using the wrong screws. So it has worked it's way loose causing damage to the gasket. I have the gasket and the screws.

 

It was refitted using correct screws from ford.

 

They have said iv have driven my van for 6 months before complaining. I had no choice and was complaining in the meantime and being fobbed off.

 

There was also a short period when the screaming stopped. So obviously I just let it go, as I was very busy at work.

 

So In between being fobbed off, being busy at work, inconvenient times, short period of no screaming, and realising that I need to take action and what I was going to do about it, 6 months elapsed.

 

Is the 185.01 my only loss? Mediator says they have said its my only loss as the 480 I'm claiming for paid for the installation of the turbo. And this would of had to be done anyway

 

[gavino76]

Just got off the phone to the mediator again. She was very nice actually. But she is saying, the garage have said the only loss I've suffered is the 185. They disputed the poor installation.

 

I have the screws and the burnt gasket.

 

the judge will ask me to prove my loss of £480. As I have have had a new turbo fitted. I cannot get a statement from the independent garage to prove the poor fitting.

 

if they are liable for the consequences following from the poor fitting, will that entitle me to a full refund? Bearing in mind that I did have a turbo fitted.

 

or just the refund of 185 

 

SHe has given me another 24 hours to mull it over.

 

although I think I will proceed considering you will support me.

 

I Did tell her I was happy to proceed and she did seem to be gently persuading me not to.

[gavino76]

hello

 

so just reminding you of where we are with this mediation against the local garage that made an offer of the cost of the repair of the turbo, and court costs. which i refused. i will take this to court, and follow your advice. i will provide updates as they come. thank you for your time 

[gavino76]

hello. yet another update for the case vs roadstar. ive had a notice of transfer of proceedings on the 12th february.

 

the small claims team has arranged for my case to be transferred to a hearing centre as they were not able to arrange mediation at this time.

 

 the problem that im having is that i cannot get any garage mechanic to help me, or write statements, or basically get involved. i guess it will be my statement alone?

[gavino76]

Ok. Have a good weekend 

[gavino76]

hello there. a reminder of my upcoming court case vs roadstar auto centre. 

 

it is ordered that there will be a dispute resolution hearing which will take place by telephone on 7th october 2021 at 10am

[gavino76]

ok, thank you for that.

[gavino76]

hello there

 

just want to remind you of this case i had vs roadster, the blown turbo and poor customer service 

 

I had covid during this period so was unable to attend.

 

the other side also did not attend.

 

i have received a letter today from the court, the parties are to attend an adjourned dispute resolution hearing 6th may 2022

 

i received the letter today the 20th, and was told that i have to file at court and serve on each other copies of the documents i intend to rely on (by today the 21st!!) but not limited to:

 

claimant: 

 

invoice from defendant

 

invoice from company carrying out remedial work

 

copies of any emails/texts/letters sent to or received from the defendant branch or head office

 

i have printed out x3 copies of the remedial garage invoice

i have also printed out copies of all emails we have exchanged.

 

there are gaps, as we had a number of telephone conversations, and as it has been a while i am kind of forgetting the sequence of  events?

 

i think it looks good for me that roadstar did not attend, do you have any advice on how to proceed?

 

all i can do is print off what little paperwork i have.

 

thanks for your time

 

gavin 

[gavino76]

thank you.

 

Ok so this is the regarding the case of the garage that incorrectly fitted a new turbo to my van, that i had repaired independently.

 

After receiving advice here, i applied for the the cost of the installation of the turbo and also my court cost, as well as the repair.

 

I missed one of the hearings due to covid (the garage was not present either) and the case was moved onto a dispute resolution hearing - that the garage did not attend again.

 

so, i won by default and the garage was ordered to pay by dec 22nd. which of course they haven't, and it appears they've completely ignored the whole process and im feeling pretty helpless. After some reading, of what to do next, am i right in saying that there isn't a great deal i can do about it?? it appears i can only instruct bailiffs for sums of £600 or over. Any help would be much appreciated.

[gavino76]

thanks for quick reply. i have been reading various sources and may have gotten mixed up. Have been working late and quite tired. ill check again in the morning, thanks again.

[gavino76]

If the amount you are owed is £600 or less, you cannot ask the Enforcement Officer to try and get back your money.

But if the amount you are owed is between £600 and £5,000 (unless you are enforcing an agreement regulated by the Consumer Credit Act) you have the choice of issuing a warrant in the County Court or in the High Court. However, court staff cannot tell you which of the two options is more likely to get your money. You must make the decision. You may be able to get free advice from a law centre.

 

this is gov.uk.

 

my amount is £575

[gavino76]

just thought id update this. i just happen to know a HCEO. he asked me to call his enforcement firm, and the girls there told me that they are going to ask the court if they can take action on the £575, what with it being so near. fingers crossed

[gavino76]

the girls at the enforcement firm have asked the court if it could be taken further, but they said no, it has to be £600 or above.

[gavino76]

im loathe to do so as ive heard county court bailiffs are pretty useless, may or not be true i don't know. i just don't want to fail again as they're all probably laughing at me now.

 

the claim did not include interest, i didn't know about that. the enforcement firm i spoke to suggested restarting the claim with added expenses, but again, i don't want fail..