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

[dx100uk]

this one is very good upon how to play things during the call

 

Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON** - Postal and Delivery Services - Consumer Action Group

[gavino76]

Yes they asked me for the invoice of the repair. I sent it to them immediately, and I also said I don't want to have a huge row about it, if you can just pay for the repair (approx £180) I'll leave it there .  

 

I had to chase again after a while of being patient then I was told to contact head office to see if I could have my money.

 

It was at that point I decided to take action as I was fed up with it, and that they should be helping me not faffing me around. I hope that this decision doesn't come back to haunt me

[BankFodder]

So they had the information before they sent off the defence saying that they didn't have the information. I suppose they will say that this was an invoice and not an inspection.

I suggest that you write them a quick note and send them a copy of the invoice – and say that this is a copy of the information which was already provided to them before they file their defence and you will be referring to it during the mediation. Do that straightway by email if you can.

Also, have you got anything from the garage which refitted the turbo which states that it had been incorrectly fitted?

Also, have we asked you the name of the garage you are suing?

[gavino76]

This is on a headed letter.

 

I also have the blown gasket and incorrect screws used.

 

[BankFodder]

Sorry but we are doing our best to help you and I think it's unfair of you to post up images which aren't even the correct way round

[gavino76]

Apologies. Couldn't edit.

[gavino76]

I'm not sure youve asked me the name of the garage I'm suing - I don't believe you have. I may have stated it In previous posts. Would you like to know it?

 

Is my photo of the letter on headed paper from the garage that re- fitted the turbo ok? I purposely left out their details.

[BankFodder]

Yes please. Do let us have the name of the garage you are suing. I would normally have asked you earlier and I'm not sure why I didn't.

And are you sure that the blown gasket as a result of the improperly fitted turbo?

[BankFodder]

https://www.roadstarautocentres.com/

 

Is that the one?

[gavino76]

That's totally fine.

 

Yes, that's the one.

 

[BankFodder]

And are you sure that the blown gasket as a result of the improperly fitted turbo?

 

[gavino76]

I'm sure, yes. The mechanic was very methodical and had the whole engine area stripped out and cleaned down (from soot and oil that had been leaking and blowing all over the engine) he then showed me the parts. The gasket is actually burnt.

[BankFodder]

I think that it would be helpful if you could get that point confirmed in writing from the mechanic.

You will need to get a document which identifies the poor fitting of the turbo and the effect it has had on things like the gasket.

Are you able to do that tomorrow?

[gavino76]

I can ask the secretary. The mechanic does not wish to talk outside discussing work to be done.

[gavino76]

Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.

 

Mediator says if it goes to court I have to prove a loss.

 

And the £185.01 is the only loss...

 

The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.

[BankFodder]

Yes it's a bit of a journey. They didn't offer this £185 at the beginning did they?

It's absolutely correct now that it will depend on evidence. You will have to be able to persuade a judge that the gasket failure was the result of a poorly fitted turbo.
You don't have to provide 100% conclusive evidence. You simply have to demonstrate that it is more likely than not that there shabby fitting of the turbo resulted in this additional damage.

I would have thought that it would be fairly easy to persuade the judge of this because clearly they have been negligent and so the consequential damage I think is absolutely foreseeable and the judge will tend to go with you. However, I think that you would need a statement from your contact who would say that it is likely that the gasket blew because of the poor fitting of the turbo – or else that your contact would say that a gasket failure would be the typical result of a fully fitted turbo.

I think it's up to you to decide now. You put in a lot of hard work getting this far. You can take the £185 and your costs – which isn't too bad although it will see you out of pocket by about 300 quid.

There is clearly a risk of losing the lot if you proceed to a hearing but I would say that the risk is not great – and that you have a better than 75% chance of winning.
There is also a chance that if you decide to proceed to hearing that they might eventually cave in and pay you out rather than go through the hassle.

I suppose a lot of it depends on how badly you need the money and how well or ill you can afford to lose £185 plus costs which is yours for the taking.

[gavino76]

I've just spoken to the independent garage who repaired the turbo. The told me the turbo was poorly fitted resulting in the gasket burning. So the initial installation was poor. It's not about the money, it's about the principal. I don't really need the money - or the stress of a court case. But they have handled me poorly and I'm very unhappy about it. I think I will proceed.

 

[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

 

[BankFodder]

Well if you want to go ahead then we will support you.

I suggest that you try to get in contact with one or two or maybe even three mechanics who are familiar with this kind of turbocharger and are prepared to give you – even just a note in writing to say that if they are incorrectly fitted in this way then a blown gasket is a typical consequence.

Also, I suggest that you photograph it – good photographs – to show the bolts, indicate how they were incorrectly fitted before. If you can take a picture of the gasket line to show how the gasket had to be compressed by the correctly fitting bolts.

I think the fact that you drove around with it for a bit is not really a problem – especially as they were fobbing you off.

I think you need to write all of this down in a statement.

Write down a concise statement of what happened, – with the pictures to illustrate what you are saying. Why you continue to drive it – because you needed it for work et cetera but how you made attempts to deal with the garage and they simply rebuffed all of your approaches even though you are a customer of theirs and it was clear that they owed you a continuing duty in respect of the work that they had undertaken.

It is clear that the work they carried out was not carried out with reasonable skill and care – as per the consumer rights act and so therefore they are liable for all of the consequences which flowed from that negligence – and the blown gasket is typical.

 

[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.

[BankFodder]

If the judge agrees that they are responsible for the consequences of the poor fitting – then yes, the judge will most likely award the entire amount of £480.

There are two things to persuade the judge about:
that the gasket blew as a result of the poor installation of the turbo
that the cost of the work replacing the gasket was not excessive – in other words it was a reasonable cost.


Of course we will support you in that we will give you advice and help you prepare – but of course at the end of the day the case is yours to win or lose. You know that we are thoroughly on your side.

As I have said already, it will really help a great deal if you can get some garage mechanics to agree that the poorly fitted turbo would be likely to result in a blown gasket.
If you have got the evidence – the old gasket and the bolts – then that will be very helpful.

But you will have to do a good statement – and do some pictures.

The way to do this statement would be to describe what has happened and then when you come to the turbo, for instance, you put in brackets (picture number one). When you come to the bolts, then you do the same thing (picture number two). Et cetera.

That way you have a concise readable statement which references the pictures which should be stapled to the back of it.

Also of course you will produce the bolts and the gasket in court.

I think what will also be very helpful is the fact that the garage attempted to avoid you and to refuse to deal with you. I don't think the judge will be very impressed by that and this will assist you a great deal.

 

[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 

[BankFodder]

Thanks very much for keeping us up-to-date. Very much appreciated

[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?

[BankFodder]

Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents.

You will need to submit a court bundle. Please follow the court bundle link