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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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Roadstar Autocentre - i've raised a Court Claim re: terrible service after wrongly fitting a turbo


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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

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The letter has far too much in it – some of it is not relevant – and apart from anything else, if he didn't comply with the various things that you are saying, you wouldn't know what to do about it.

Ive received a notice of issue from the court. The claim was issued on the 2nd december. the court sent it 1st class post to the defendant  and it will be deemed to be served on the 7th december.

MCOL should send you a copy  N180 next  look in the legal section of our library.  

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So I gather that you took your van to a garage and they apparently did a repair and charged you £2000 which you paid.

Since then you have found that the van has not been properly repaired – and that you have very recently had the repair properly carried out at your expense.

You now want to recover the £2000 which you paid for the defective repair – but you have left it for at least nine months. Is this correct?

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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.

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So you are saying that you want to recover £180 which was the cost of addressing the defective repair so that it now works satisfactorily

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Well if you can get some independent assessment of the standard work which was carried out in fitting the turbo nine months ago, and the fact that it took £180 to correct the problems then I don't see any difficulty with bringing a court action and winning.

Many garages are very slippery and make enforcement difficult – but for £180 it would be extraordinary if they even went to the effort of trying to challenge you.

So do you have the evidence necessary to convince a judge? If you do then I suggest that you start looking on this forum about how to bring a small claim in the County Court. It's very straightforward but it is worth knowing the steps in advance.

Once you have decided that you know what the steps are and you are happy to go ahead then we will help you. You would begin by sending a letter of claim giving 14 days for your money after which you issue the claim. Don't bluff. It's not worth it. Be as good as your word.

Don't forget though that this garage is apparently at the end of your road so they are inconveniently near to you if anybody wanted to do some mischief when you weren't looking.

If you bring a County Court action then your chances of success are better than 95%. It's most likely that they would put their hands up once they realise that you are serious – which would mean that you would puppy have to issue the court papers.

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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?

 

 

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I'm thinking about some different aspects of your situation.

Firstly, I imagine that £2000 you paid was not the figure which was agreed in advance. Presumably you went to collect the van and they told you that the bill was £2000. Is that right?

What work did they actually carry out? Have you got a detailed list of the labour involved and the parts which were replaced?

 

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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.

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When you collected the vehicle from the garage, had they improved in any way? In other words, did you get anything for your £2000?

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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.

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Well I think that we need to know the answer to this question because I'm trying to figure out whether it might be worth your while suing for the entire £2000 she paid him – if he did work which then subsequently came to nought.

On the other hand, if for instance he supplied some parts which were then used in the final repair then the value of those should be deducted from what you're claiming. I'm trying to calculate the value of the claim you might make

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  • 2 weeks later...

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

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Can you remind me. Did the garage supply you with a new turbo for your £2,000? If it did, then you will need to consider what the normal value would be of a new turbo and that at least would have to be deducted from the amount you are claiming.

It seems to me that if it was fitted incorrectly then you would be able to claim back all of the money which was paid in respect the fitting but not in respect of a new turbo if they supplied that

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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!!

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You won't get any compensation for the the screeching. 

 

you will have to find out what the reasonable cost of fitting a turbo would be and then that will probably be the value of your claim. Does that take care of all your losses?

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Okay, so what you have to do is you have to take the money you paid to the garage which I understand is £2000. You've got to consider that the value of the labour they put in was completely wasted because you had to have the turbo taken out and then refitted – is this correct? However, the turbo itself was useful to you and so you should be required to pay for the cost of the turbo.

If this is correct and you have independent evidence that the turbo had been incorrectly fitted then you should sue them for the balance.

This means that you have to find out the cost of a turbo – was it an original or was it a pattern part? Anyway, you have to find out the cost of the turbo and deduct that from the £2000 and that should be the value of your claim unless you can tell us of any other losses which you have reasonably incurred as a result of their poor workmanship.

Let us know

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Sorry I don't altogether understand. Are you saying that you should claim for the cost of the turbo and the Labour for fitting?

 

Also I have to say that I think you're taking a rather leisurely view of all of this. You don't really engage with this thread very well. We react very quickly and it's all in your interests to get it sorted out. It's very demotivating to find somebody who simply pops in now and then. I'm sure that you have your work commitments et cetera – but at the end of the day, there is some serious money at stake here if you are sufficiently interested

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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

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In terms of being a nuisance – it's never a problem if people meet us halfway in terms of enthusiasm and response times. Where we have to keep on chasing people – or else they are so slow about coming back that we then have to go back to the beginning of the thread to refresh our memories about the story, then that becomes time-consuming and an unnecessary nuisance.

I'm still trying to understand what you think you're going to claim for – but yes I suggest that you post up a draft letter before action here before you send it.

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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

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As far as I understand it, your turbo failed and had to be replaced. That means that you have to pay for the turbo unit and also you have to pay for the costs of installing it.

I understand that the first garage supplied you the turbo and therefore the cost of that is legitimate and cannot be claimed back.

I understand that the turbo was installed incorrectly so that eventually the work had to be redone by a second garage and that you paid the installation fee to the second garage.

In essence that means that you have paid the installation fee twice. Once to the first garage who did the job so badly that you then had to pay the fee again to the second garage who did the job correctly.

This means that the payment to the first garage – is recoverable. The payment to the second garage, is not recoverable because the turbo failed and it had to be replaced.

You say that you paid the first garage £2000. Find out the cost of the turbo – and deduct that from the £2000.

So, if the turbo cost £200 – deducting that from the £2000 means that they have charge you £1800 for Labour. That means that you can recover the £1800 because it was wasted as they didn't do the job correctly and the job had to be done again.

Is that clear and is it correct?

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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.

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  • dx100uk changed the title to Roadstar Autocentre - i've raised a Court Claim re: terrible service after wrongly fitting a turbo

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