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

[gavino76]

hi guys.

i have a ford transit 2008. and there is a garage at the bottom of my road, so quite convenient - or so i thought.

The amount of times its been in and out of there, and came back not even having had anything done or even checked because he couldn't find the part, the part didn't fit,  they didn't have time, have to bring it back next week, my engineers not in today,  ive put a dye in your engine to find out where the leak is coming from. non stop nonsense. (There was no dye put into my engine by the way.)

 

this is such a long post, it may be better if i just copy and paste here the most recent email id sent the manager of the garage, as id just had enough.

 

John

At the end of last year i asked you to look at my van as i was having problems with it. you had it once or twice at massive inconvenience to me yet could not find the problem. You even told me you’d put dye in the engine to see where the oil leak was coming from. There was no dye.  You told me to take it to ford to have the problems diagnosed as you could not find it/them.

Ford informed me that the turbo was no longer any good, and  list of other items. How you could miss a blown turbo even though you’d told me you’d examined the vehicle i don’t know. But never mind, i still asked you to do the work as i trusted you and you were my local garage. 

I went on holiday and left my van with you, and when i retuned 2 weeks later you still hadn’t even finished  the job. When you had finished the job i paid you around £2000 without question. You said the work was complete. The minute i drove it away it was emitting a high pitched squealing. I also noticed that there was a heavy oil leak and pipes in the engine were fully covered in oil and also soot. I called you to complain, and you told me to bring it back in to check it over even though you’d had it for around 2 weeks. It was of massive inconvenience to me as i was back at work and needed my van, I left it with you yet again and you told me that there was a couple of bolts loose and you’d tightened them.

The minute i drove away from the garage it was squealing again. I called you straightaway to complain and you told me to come and get one of them staff namely the guy who had installed the turbo, so he can hear what was going on. I came straight to you and you was very short tempered with me about me taking the member of staff out even though you’d asked me to come and get someone. You have terrible manners and considering id just paid you approx £2000, your customer service is terrible.

So i went out on the drive with your mechanic who you told me had been a mechanic for 30 years and you trust with your life or something similar, we drove down 3 mile hill and yes the squealing was not as maddeningly apparent as it usually was, but it was clearly apparent. Your mechanic told me he couldnt hear anything. He sat next to me in my van, while this noise was occurring, looked at me in my face, and told me he could not hear anything.

So we got back to your garage and he left. I asked you what the verdict was and you told me i was nothing mechanical. Its not a mechanical noise.
Its nothing to do with you and not your problem.

Those were your exact words.

Id also emailed you since, saying “what’s happening, i haven’t heard from you” regarding my complaint about the problems i was experiencing with my van after you’d done work on it, and you completely ignored me.

As i work from my van i was bit stuck for time, i couldnt afford to leave it elsewhere again so i just tolerated the loss of power, shuddering, oil leakage on the drives of people i work on, and constant high pitched screaming which was driving me insane, as i thought maybe it wasn’t anything to do with you. Maybe i was just imagining it. And anyway, even if i wanted to pursue it, you weren’t about to help me anyway, you’ve taken my money, and chosen to ignore me.

Suddenly the noise stopped. And i forgot about it for a while. and i just let the problem with you go, as you are a pain to deal with. And then it started again. Quietly at first. But it has built up and built up and now its screaming again.  Bearing in mind this has been going on since january john. Loss of power. high pitched screaming. Just like the day i drove it out of your garage after paying you £2000.

As i will never use your garage again, i have been elsewhere, and just as i thought, the turbo was poorly fitted, wrong nuts that look like you found at the back of your shed, the gasket is burnt to pieces, i have kept both of these items as proof.

Its been taken out and re fitted properly, and guess what, van goes like a dream with no screaming. So its up to you, im not in the slightest bit interested in having a battle with you, ill send you a copy of the invoice and you can just pay it or i will be taking you to court.

Thanks

[gavino76]

Good morning bank fodder. Thank you for your reply, like I said I work from my van so it's most inconvenient for me to keep leaving it with the garage. The day I drove away from the garage, I phoned him immediately to ask what the screaming was. It was in and out about 5 times, each time they said it was nothing to do with them. I went to Kwik fit. Couldn't help. I just thought as the van was old it may be a different problem. But the high constant high pitched screaming drove me nearly inaane.

 

So I took it elsewhere, and he told me it had been incorrectly fitted and showed me the burnt gasket. And the wrong screws.

 

It's been a long while of being palmed off, waiting for a response, being busy at work.

 

The turbo has been re fitted correctly and I paid approx £180 for this which I asked roadstar (the original garage) to pay me. I said I'm not interested in a battle.

 

This was over a month ago.

[gavino76]

Yes sir .

[gavino76]

hey bankfodder.

 

just looking through the original invoice for the work i had done at roadstar for renewing the turbo. They charged me £480 for this.

 

Should i be aiming to recoup the £480, or the £180 it cost me to have it repaired?

 

 

[gavino76]

well, they were actually pretty uselss. i left it with them, they didnt have time to find the problem. they couldnt find the problem. they couldnt do this or that. there always seemed to be something,  at great inconvenience to my self as i work from my van. I persisted. Eventually he told me i should take it to ford as they could not find the problem.

 

ford gave me a list of problems. one of which, was the turbo had blown. how could you spend so much tiem apparently looking for a problem yet miss something so obvious.

 

i took it back to him, and no, we didnt agree a price. I actually went away at the end of the year, and left him my key. when i got back in january they still hadnt finished it!!

 

i do have an invoice from them, yes. I did ask him what took so long, i gave you plenty of time and a date by which  i need it back, yet it dragged on and on. he did have a pop at me, nearly shouting at me as he asked me if ive ever changed a turbo, and 18 hours it took them to get it off, even though it states 5 hours labour on the invoice.

 

Maybe i was a bit naive, i wanted to believe that the problems with my van could be resolved, bu t looking back now its been nothing but a joke. They need to be brought to task.

[gavino76]

its hard for me to answer that question. according to the invoice they'd done some work. but it was screeching from day one. and also vibrating. and they absolutely did not help me.

[gavino76]

hello. my van has been in to a garage recently and nothing else related to what they'd done has been a problem. So its basically just the work for the turbo.

 

should i send a template 14 day warning letter?

 

thank you

[gavino76]

They did supply a new turbo yes. Im happy to just get the fitting money back. Although I had to deal with high pitched screaming for weeks I'm sure that could do with some recompense!!

[gavino76]

I had the same turbo refitted properly for about £180 I think.thats it, yes.

[gavino76]

Hi bankfodder. I do have the invoice in my email, so would it be the cost of the turbo and labour for fitting

[gavino76]

Hi bankfodder 

 

I complete understand how I may be coming across but please don't misunderstand me, I didnt want to keep pestering you even though I now realise you're quite happy to help. 

 

I do want to get going right away but its new to me and I don't want to put a foot wrong.  Also having problems with teletext holidays and it's quite stressful. 

 

I am so grateful for your patience, without you I wouldn't be able to do anything. So, I have found a Template for a 14 day warning, letter before action. Shall I tweak it and show you first ?

 

Thank you

[gavino76]

I'm more than enthusiastic. I'm also really angry with the garage. Just a bit hesitant as I've not done a claim before and it's something "I'll do tomorrow" as I actually have to think about what.im doing for once

 

I'd be happy with just the money back for the repair, but did you say that I should also claim for the labour from the first garage?

 

Labour time from initial turbo fitting 

Repair from new garage 

 

Thanks

[gavino76]

It's clear, but it's. Not correct. The 2000 was for other work also  I do understand what you're saying but it may be easier for me to show you a copy of the invoice then we can be completely correct.

 

I will send a copy this evening after work if you don't mind.

[gavino76]

Ok. On the invoice I'm quite sure they've stated 5 hours labour for installation. So I'll go with that amount. 

 

I'll tweak this template I have later and show you asap. Thank you for your time.

[gavino76]

I will do. I'll check the invoice tonight and make sure I have the right amount.

[gavino76]

21 Upper bridge road, chelmsford, CM2 0AY

Roadstar LTD, new writtle street, chelmsford, CM2 0LF

Dear Jon sharply 

Reference: Faulty turbo installation

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

 

At the end of 2019 I asked you to check my vehicle for problems. After leaving my vehicle with you at your request, you could not find any problems and told me to take it to ford. Ford provided a list of problems, one of which was that the turbo had stopped working. I asked you to replace it. Immediately Upon receiving my vehicle back, a high pitched screaming emitted from the engine area. You sent the mechanic who fitted the turbo out on a drive with me and he told me to my face he could not hear the high pitched screaming coming from my engine. I emailed you to ask what was going to happen and you completely ignored me. I called you and you told me it was nothing to do with you and not your problem.

 

From you I am claiming: £480 for 5 hours turbo installation

 

I have calculated this sum: From the amount stated on your invoice.

 

Listed below are the documents on which I intend to rely in my claim against you:

Invoice from an independent garage who repaired the faulty work you’ve done

 

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

[List any documents you want from the party you are claiming from]

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. (NOT SURE ABOUT THIS?)

 

I would invite you to put forward any proposals in this regard. 

 

[Alternatively you can set out details of any ADR scheme that you would be prepared to use]

 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I look forward to hearing from you within the next 28 days. 

 

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

 

 

 

hello. ive had to copy and paste this as i can seem to use word - it didn't look like this before i pasted it. Am i on the right track?

[gavino76]

Thanks. Yes you're right. It was a template on which? I thought there was certain things that had to be said.

 

Ok so I'll add my details, and send by recorded post?

[gavino76]

should i send to the manager of the garage or head office?

[gavino76]

Dear jon

In December 2019 I left you my vehicle to investigate for certain problems. You reported that you were unable to find anything wrong. You recommended that I take it to a Ford dealership.

The Ford dealership reported that amongst other things the turbo had ceased to function – which you had not discovered.

I returned the vehicle to you and ask you to replace the turbo. You did so and charged me £742.50 for the turbo and also £480 Labour for installation.

Immediately after i drove it away from you the turbo unit started to make serious noises but when I telephoned you about it you told me that it was not your problem and that you wouldn't do anything about it.

I have since had to take the car to a another garage who discovered that the turbo had been incorrectly installed, They were obliged to remove it and reinstall it correctly and it is now working satisfactorily.

This means that I have unnecessary paid you £480 for the installation of the turbo.

I require the refund of this money.

I have tried to engage with you on this but you have declined to become involved.

If I do not receive a full refund within 14 days that I will sue you in the County Court and without any further notice.

Yours sincerely
 

gavin 

[gavino76]

thank you

[gavino76]

hello there.

 

So i have a receipt for proof of posting for the letter we have spoken about. Date of posting is 17th Nov.

 

I have had one missed call from the garage and that's it. can you let me know what i have to do next please?

[gavino76]

oh im sorry about that. i didn't want to constantly bombard you. Ive done as you said, and sent a letter to the garage by recorded post. the letter was written exactly as above.

 

ive had a missed call and that's about it

[gavino76]

Hello.

 

yes, im referring to the draft letter of claim that i posted up a month ago. I done as you asked, sent it recorded delivery on the 17th november and left it at that as i had nothing  more to say? 

 

i haven't moved onto the next step as i did not know what it was, I've never made a claim before, done plenty of reading about it - as i have just done when logging into my government gateway account. I read the whole of the guidance info and its quite daunting. it may seem clear as day to you, and others as i have come across their posts, they seem to navigate quite easily though it.

 

Maybe I'm just unsure of myself. its quite clear that if you make a wrong entry it can be disastrous and time consuming.

 

Ive registered with MCOL. and begun a claim. is it against the garage, is it against the manager, you know, im just afraid to put a foot wrong,

 

I made the donation to show that im serious about this and i do genuinely appreciate your help as id otherwise have nowhere else to turn.

 

shall i make a draft POC  and let you see?

 

 

thanks 

•  

 

In December 2019 I left you my vehicle to 
investigate for certain problems.

Eventually you installed a new turbo with 
labour costing £480.

An independent garage has had to reinstall 
the turbo correctly as you would not engage 
with me when i complained to you about 
problems with it.

I have the faulty items in my possession as 
proof.

i now require the refund of this money 
including interest.

 

( My draft POC)

[gavino76]

When i said they declined to rectify the problem, they had me collect the mechanic in question and drive him about to hear the high pitched screaming coming from the engine, which was more than clearly apparent as it was high pitched screaming, but he told me he couldnt hear anything.

 

so i guess we can just skip that right

 

 

 

there were no costs if I'm honest. just absolute inconvenience borrowing other vehicles trying to get into work 

 

In december 2019, the defendant agreed to 
investigate into repair a problem with the 
claimant's vehicle ford transit registration 
........ The defendant discovered that the 
vehicle's turbocharger had failed and had to 
be replaced. The defendant replaced the 
turbocharger at a cost of £742.50 for the 
replacement unit and £480 labour charge. 

The repair failed and an independent garage 
discovered that the turbocharger had been 
incorrectly fitted. The defendant declined to 
rectify the problem so the claimant paid an 
independent garage to refit the turbo unit 
which is now working satisfactorily. The 
claimant seeks reimbursement of £480 wasted 
labour charge for the fitting of the turbo 
unit, plus interest pursuant to section 69 county courts act 1984

[gavino76]

i already have read the guidance, but i think ill need to read a it a few times! thanks again old chap.

ill report back asap

 

I've fulfilled the pre action requirements by sending the 14 day warning letter, and i have a receipt of posting. so i can continue?