Local Garage lied about repair and damaged vehicle- insurer claims garage owner is mob boss

[Brownguy53]

In brief this is my claim and issues-

 

Chronological Incident Summary-

 

26th August 2022- My car -XXX breaks down and in the early hours of 03:00am on 27th August AA towed it to XXXX Garage & MOT  Station in XXXXX
I went to this garage as XXXX a personal friend, XXXX(an ex-colleague) XXXX who had done a major service on my car and the AA recommended me the garage.

 

27th August 2022- I went to the garage physically to let them know it was my vehicle on their property and spoke to the garage owner- ‘XXXX’ who promised me the car would be looked at the following Tuesday on 30th August 2022.
I also let them know that my phone at this point natively records incoming and outgoing calls and made them aware- which they said was no problem- of the garage owner himself.

 

1st September 2022 at 12:21- I received a call from XXXX at the garage which I attach the call recording of he stated in this recording both the flywheel and clutch needed replacing and had needed repairing.
There was also some discussion during this car about trying to claim on AA parts cover which I had with my breakdown- however he made it clear I could only claim for the flywheel not the clutch as it was worn.
This claim was never successful as AA refused to pay out as they said XXX from garage never responded to them to with photographs of the parts he had changed.

 

8th September 2022 at 17:11-XXX rang me and said they had received the clutch and would have it done for Monday for 12th September 2022. (I have this call recording- can send if needed.)

 

10th September 2022 19:35-XXX rang me and said they had ‘fitted the clutch and flywheel’ however the car wasn’t going into first gear properly ‘with ease’ so they believed the clutch needed bleeding so they would do this on Monday 12th September 2022. (I have this call recording– can send if needed.)

 

12th September 2022 14:46- XXXX tells me the car isn’t fixed and he says I quote ‘we put all genuine things on it’ referring to my vehicle but now claimed there was something wrong with the ‘thrust bearing’ so he needed a few more days. I told him at this point I wasn’t happy with the service and the fact that his communication or updates were poor on the repair. He told me ‘it was hard and I was struggling to get anyone to do the thing’ -quoting him  He promised me at this point he would not work on any other cars until mine was done at this point. He then went and blocked me off contacting the garage’s facebook page at this point.

(I have this call recording of this conversation which I can send if needed.)

 

14th September 2022 12:49- XXXX called me and said the thrust bearing is definitely faulty on the car so he was waiting for a new one to be delivered. He said the car would be done on the same day once it was delivered.

15th September- The car was still not repaired as per XXX's word so I told him if it was going to take any longer it was effecting my earnings and at this point I told him he had my vehicle for near enough 3 weeks. He offered me £100 for car hire as he said it would be another week but I could not find anywhere for car hire at this price- all of the quotes I was obtaining were £240 for a week so I let him know this was not enough to cover it- he told me he was making no profit on this job and couldn’t do anything more.
(I have call recording proof of this and can send it if required.)

 

20th September at 11:05- (I had heard nothing again and communication was poor. I therefore asked the people who recommended me XXXX Autocentre about him as I started becoming suspicious something was going on- so I had messaged XX and XX who recommended me the garage etc if it was normal or they had ever had any issues.) I then at 11:05 on this date got a call from XXX angry that I had spoken to people about him. 
He said they had ‘fluid leaking’ in the car during this call and they needed to strip it down again and that my ‘chasing of my car’ was overzealous and he tried to make me feel bad about it.
(I have the call recording proof of this and can send it I required.)

 

21st September at 12:45- XXX called me back- This time he said the ‘slave cylinder’ had split and they had ordered a new one and it would be there and I would have it back on 22nd September 2022.

 

22nd September- heard nothing rang and was told car still wasn’t done but XX Xwould ring me by his mechanics.

 

23rd September at 10:19- XXX called me back as the 22nd had passed and I questioned him about why it was taking so long and I told him I had spoke to other mechanics independently who said a clutch/flywheel change should not take this long and he got very defensive and aggressive and XXX threatened me saying ‘he can make the repair last weeks if I want him too’ – I felt intimidated by this as he had my car and it in bits and I was losing money as I could not get to work.

He also during this call told me ‘I can Oh flip off and take it somewhere else’ if I don’t like him doing the repair his way. 
I mentioned to him during this call that I was loosing money too from work and I needed it sorting ASAP.
I was told to stop ringing in about the car and ‘harassing him’ too and again at this point I let him know I had not harassed them and I had phone call recordings to prove it but that I was promised call backs that did not happen.
I have this phone call recording for you to see how aggressive, rude and threatening the garage owner wasXXXX

 

24th September at 17:26- I was rang back by XXX told the clutch was fixed and flywheel and the prior leak was fixed but now there was a gearbox leak.
I asked him how a gearbox leak had occurred and questioned this during this call and he said he thought it was as the ‘gearbox had been out so many times’ by themselves.
He told me now the repair wouldn’t be tomorrow and would be Monday 26th September 2022.
I have this phone call recording if needed.

 

27th September at 18:41- XXX  rang me- told me the car was now fixed all seemed ‘good’ with no leaks and had been test driven ‘4-5 miles’ and was ‘all good’ and he just needed to ‘bleed the clutch more’ and clean ‘oil marks’ and stains off the car. I explained to him my family couldn’t take anymore time off work to drive me about or for childcare matters.

 

28th September 2022- 15:00 – Car is paid for and picked up and collected.

5th October 2022- There is a burning smell so I call AA out who tell me to take it to another garage and tow it there on there van. 
I take it to XXXX another local garage and service Station who charge me £60 to do an inspection on the car and within 1 hour ring me at 09:55am as per attached phone call recording claim the garage have damaged serious components.
The garage let me record the video of damage with their mechanic which is attached and do the attached report confirming poor repair job on clutch and confirm the flywheel has never been replaced also.

They confirm that the oil sump was jacked into and has been welded together, a heat shield is missing, key screws and also that the gearbox is leaking inside itself within a high volume of gearbox fluid which is causing the burning smell as this fluid is moving onto the clutch.

 

5th October 2022 at 10:53- I ring XXX Autocentre and let them know the above and he claims he wants to see the reports and see the car. I tell him I will send him photos and videos and reports over and ask for his email which he gives me- I then send an email outlining my complaint to him which is attached with some of the evidence ie the mechanic video, report etc.

 

I have never heard back from XXX Autocentre since this point and therefore on 13th October asked XXX Service Station to repair the gearbox leak only so the car was safe to drive.
They are currently working on the car and aim to have it back to me on 24th October- there will be more evidence at this point and another report with photos/videos then from them with further evidence.

 

I have suffered a financial employment loss, taxi costs, one day van hire cost for work, mental anguish and significant damages were done to the car by XXX which I want paying for to be rectified.
I also feel that lying to me was fraudulent as he claimed to repair the flywheel but has not done so and therefore entitled to my money back for the £1650 paid to him or at least some of it partially.

 

I therefore contacted my car insurer's legal cover team who state I can claim through them.

 

I am told to try resolve it with garage again. I try and do this and am offered £900 settlement.

I am told I must take this by the insurer however I explain that the repair cost me £900.01 + £60 inspection cost + £1650 initial clutch/flywheel cost.

I go to take the offer and am told by original garage offer has expired and is £90.00 now.

I go back to insurer who says they'll do a 'track and trace' with a private investigator.

 

In December 2022 insurer's legal team ring me say the garage owner doesn't even own the premises, is a front and he is a 'underworld connected' 'criminal' and 'mob boss' with connections to 'modified car gangs'.

 

Am told the insurer will not pay out any further and claims over with insurer as garage owner has no fixed asset so insurance terms is greater than 51% chance to win plus recoverable loss chance.

 

I send trace and trace to garage owner and ask if he will settle for £900.00 even though I make a loss and give him 7 days to consider and pay me- otherwise advise him will take matter to small claims court.

 

Shockingly today garage owner comes back on Jan 9th and says the report is fake from the insurer he's contacted the investigators who claim I never instructed them.

I ring the investigator who claims I shouldn't have sent the track and trace and he only confirmed to garage I did not instruct him but was not answering if insurer instructed him.

Take it up with insurer who fobs me off and says I am claiming the solicitor/legal insurer is acting on my behalf- I send them emails clarifying i told garage 3 times they are no longer.

 

Explain this to garage owner who responds saying 'offer is off table see you in court and claims I am trying to extionate him' .

 

This does all make me wonder did the insurers legal team perhaps exaggerate the report to avoid paying out a legal claim to me?

 

Today have done a POC as per below-

 

1The claimant's car broke down and was towed to the defendant's garage. The claimant was advised by the defendant it needed a new clutch and flywheel.

 

2. The work was carried out without reasonable skill and care.

 

3. The claimant's car was damaged by poor workmanship during the repair attempts made by the defendant and the flywheel was not replaced as described- caused by the defendant's breach of their contractual duty and reasonable care.

 

4. Claimant has attempted to resolve this with the defendant for numerous months and reported incidents to police. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 28/09/2022 to 09/01/2023 on £2,550.54 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £74.47

[Bazooka Boo]

Briefly, in one sentence, or one paragraph, what do you need help with?

Never read past the first paragraph.

[Brownguy53]

help with POC and process..explained background above

[dx100uk]

have you sent a letter of claim yet?

 

 

[Brownguy53]

yes i have

[Brownguy53]

 the garage has responded apparently and now im sent a n180 form

 

anyone got any help on the next processes

[dx100uk]

Fill it out.

Send it to the court and their solicitors.

 

Can we have a copy of their defence filled please.

 

Dx

[Brownguy53]

have not seen their defence yet as had to reregister my mcol but was told ones been put in..

[Brownguy53]

Hi guys so just a quick one..looking for some advice and help...

 

This is the defence attached from the garage.

 

Now the police as per attached letter also state they're investigating the garage.

 

I've also put in a complaint against the solicitor they instructed (my insurer) as it looks like he's using his mis understanding of thinking i instructed a solicitor to complex and elude the original damage he did by stating the documents provided were fraudulent.

 

 

Within my complaint to the insurer am asking they write to court to rectify this and or/be a witness as at the minimal very unhappy.

 

So...

in terms of the small claims...

 

I have online sent back my directions questionnaire and a reset for mcol online as i attached two government gateway id's so couldn't login...

 

ive only done the original POC..

 

should at some point I not be sending in a bigger more detailed POC where I can address some of the defendant garages lies?

 

Also heard nothing from the police despite chasing- do the fraud teams actually do anything in cases like this?

 

just to clarify the defence and why this garage thinks this next to the fact he is a liar and arrogant anyway...

 

 when i communicated with him before small claims court- the insurer's solicitor told me not to tell him they were through insurance as it would weaken my legal case.

 

He therefore on recieving the track and trace after them telling me hes a mobster underworld figure etc contacted them and asked if i had instructed them..they of course said no..because my insurer instructed the solicitor..and the solicitor instructed the private investigator..so to him it would appear they were never instructed and fraudulent but this isn't the case..

 

All his attached evidence was is the email exchange between us- nothing further.

 

[dx100uk]

Please don't use hosting sites 

 

Put everything in one mass pdf.

Read upload.

 

Dx

 

[Brownguy53]

please help someone

[dx100uk]

Help on what?

Please put your docs up as pdf here as I asked then they might help 

 

Dx