KINDERTONS repairer damaged my vehicle

[liviroma]

 Full inspection and health check done by my BMW specialist garage 5 weeks previous to accident with all springs and wishbones replaced .. Non fault accident Sep..23 BMWX5

Kindertons appointment by Carole Nash !! 
Denied my own garage to repair..car off road day after accident until Oct 23 when went on flat bed to repair centre . 

car ready for pick up from Kindertons repairer Nov 23 .. signed off paperwork . Got keys 

Drove 100 YARDS  slowly as felt it bouncy and steering stiff then suspension warning light flashed up .. 

Then manager of garage drove it the same as me and acknowledged issue ! 

Repairer acknowledged NO test drive and diagnostics didn’t show any fault !! 
Left at repairer and reported everything to Kindertons telling them it’s non drivable ! 
6 weeks later Jan 24 .. Repairer DROVE my car on flat air suspension 6 miles down motorway to a specialist BMW garage !!!!!!! 
Health Check from garage stated :: damage to springs , wishbones due to being driven on flat !

clips missing from underneath panel and electrics soaking wet !! 
NUMEROUS E MAILS AND EVIDENCE Inc photos and videos to Kindertons gone ignored ! 
No call backs within 72 hours .. 

3 complaints closed down as they said not accident related and recent one states I drove the car causing damage ??? 
Once again they investigate then reply by e mail stating that their repairer is liable for damage to suspension !!!!!! 
Request it’s transported to by own BMW garage .. its not it’s taken back to Kindertons repairer  who drove it ..

Again numerous calls , arguments and e mails .

Eventually agreed to go to my repairer 30 miles away .. 

My BMW garage agreed with other approved BMW health check and replaced compressor ( short circuit fuse ) and faulty wiring which I’ve agreed to pay for as this was what caused deflation of suspension but I refuse to pay for suspension damage caused by it being driven . 
Now still on going while my car sits at my garage unpaid !! 
Kindertons blame everyone else .. 

blamed my previous repair for sub standard work .. FALSE 

blamed me for driving it 100 yards for damaging spring .. FALSE 

Their engineer JOMORRIS who shares the same address as Kindertons state that driving it 6 miles would not cause damage ( FALSE)and yet they haven’t physically inspected car but disagree with two official BMW specialist garages ? ( conflict of interest )? 

I had two year warranty on the BMW parts used in repair in Aug 23 but with me driving it 100 yards not knowing it was flat does not invalidate it BUT knowingly driving my car 6 miles in which they knew this could cause damage does ( Abuse of vehicle and my property ) plus it’s a criminal offence 

Kindertons have a price range and are in it for profit !! I’m still in HIRE CAR !! 
Now I’m going down legal route and have sent the Kindertons repairers an e mail requesting monies for damage so awaiting response !! 
KINDERTONS :::they are extremely incompetent and have not stuck to their Duty Of Care !!! 

Avoidable delays … blatant lies … admitting liability then back tracking …. Conflict of interest and not unbiased engineering reports from JPMORRIS as address Kinderton House Crewe ! 
COME ON the law .. consumer rights .. 

This company are managing to remove trust pilot removes .. my honest review has been removed and many other one star reviews !! 
NEEDS INVESTIGATION!! 
Save others months or even years of misery and financial hardship !!! I have bill of £3000 to pay ! 
Everything above has been proven to my insurance by photos videos and inspection reports . 

 

 

[BankFodder]

Thanks for this post. I expect that we can help you but you have given us the story in a rather staccato fashion and it's difficult to understand the story in a nice tight summary.

It would be helpful if you could post a bullet pointed chronology of what has happened. Keep it short and concise and that will help.

I understand that your car was damaged in a no fault accident in September.
I understand that we are now in March and it still hasn't been fully repaired – is this correct?
I'm not clear as to who your insurers are.
Your insurers passed it over to kinderton's and since then instead of repairs being carried out, there has been for the damage caused to the vehicle.
Do you have independent inspections and reports done is to this further damage?

Although kinderton's may well be responsible for the repairs that have been carried out, it seems to me that your contract is with your original insurers and that they had a duty to make sure that your vehicle is repaired to a proper standard and that you should not be put all of this trouble without vehicle – although you have a courtesy vehicle.

Are you still driving the courtesy vehicle? Has this been provided by kinderton's? My understanding so far of kinderton's – which is pretty limited – is that if you still have the hire vehicle, at some point they will come to you for the hire bill and that is likely to be very expensive.

If you can confirm what I'm saying and give a bullet pointed chronology. That will get us started

[liviroma]

Carole Nash insurance company 

Kindertons : Accident Management acting on behalf of insurance . 
Fully comp …

””” suspension repaired at my approved BMW garage 5 weeks prior to accident “”””

1: Non Fault Accident September 2023 

2:My request for my BMW repairer denied .

3: My car transported on flat bed truck to Kindertons chosen repairer in October 

4: Bodywork repair completed . Went to collect my car .November 23

5:Received signed off paperwork and keys & started to drive car and within 10 seconds suspension warning light came on .. I felt steering stiff so only drove 100yards at 10mph ! 
6: Manager of garage admitted no road test done and no fault codes on diagnostics !

7: Manager drives car same distance and agrees suspension is flat ( visible rear tyres sitting on rims )

8: Left car with garage and informed Kindertons by phone call and e mail requesting it now goes to my garage and told them it’s not to be driven .

9: 6 weeks later Jan 24 car is DRIVEN by Kindertons repairer to BMW specialist 6 miles away … 

10: Car inspected . Health Check indicates suspension damaged due to being driven on flat . 

11. Compressor blew due to electric wire damage resulting in suspension going flat prior to me collecting car … 

12: Then extra damage caused by Kindertons garage by driving on flat suspension. 
 

13. 2 year warranty I had on the suspension parts is now invalid as car was abused and driven on flat for 6 miles !! 
 
13. Kindertons final response is that ..

14.. I should claim on warranty.. CANT 

15. I drove it first when collected so I’m responsible for damage .. FALSE 

16. Substandard work from my official BMW garage .. FALSE 

17: Kindertons own engineers have never physically inspected car and live in same building as Kindertons so I feel biased reports ! 

18: Kindertons sent e mail admitting liability ? 
then back tracked ? 
 

19: 2 x BMW approved garages agree that damaged caused would not have happened due to myself driving it BUT with garage driving it long distance on motorway knowing it had flat suspension this also invalidates warranty..

20: The end report also stated suspension went down due to fault in wire which blew short circuit and compressor when it was in repairers care 

21. I’m accepting to pay for compressor and wiring ! 
22. I refuse to repay for suspension parts due to this being damaged from repairer . 
23: Kindertons refusing and now after 3 closed complaints are asking for hire car back and I’ve asked for final deadlock response and make arrangements to collect car .

24: Car repaired now at my own specialist garage with a £3000 bill outstanding . 
 

I HAVE E MAIL PROOF , PHOTO & VIDEO PROOF .. Garage reports .. statements & recorded conversations .. 

please help !!! 
I have a disabled son and need a car for work etc 

thank you 

having issues uploading photos etc as on I phone  .. but can submit evidence if you think you can help ..

 

[BankFodder]

Your insurance is with this Carole Nash company and so as far as I can see, they are responsible.

They were responsible for the repairs and they put everything in hand.

They organised with kinderton's who in turn organised with the repairers et cetera.

What is the status of the vehicle at the moment?

Is it driveable?

Where is it stored?

Have you had a quotation from a reputable authorised garage for full repairs to put the car back into the condition it was before the accident?

Have you incurred any other expenses/losses?

What is the name of the garage which carried out the original repairs and which eventually agreed that no roadtest had been carried out?

Do you have written evidence of this admission?

Do you have any evidence that you called kinderton's and warned them that the car should not be driven?

Your paragraph number 10 refers to a health check inspection.

He carried that out?

Who commissioned it?

Finally, we don't need to see it at the moment

– but I understand from you that you have got a full file of inspection reports et cetera which confirm what you say above?

If there are any of the paragraph points above which are not supported by written evidence, please can you tell us which ones they are and why not.

You will have to start a claim on this. We will need to know the value of the cost of repairs.

Are you happy to bring a claim?

If the value of the claim is less than £10,000 that it will go to the small claims track. Have you any experience of bringing the court claim?

The small claims track means that where you bring a claim for less than £10,000, even if you lose – which on the basis of what you say is unlikely –

your risk exposure is only the cost of the claim would probably be less than £400 also I expect although I don't know the value of your claim yet.

[liviroma]

THANK YOU for response .. 

1: I have e mail proof I informed Kindertons of flat suspension after I left Kindertons repairer after trying to pick up repaired car ..Nov 23 

2: I have video prior to me collecting keys of my cars bodywork I took showing back tyre on rims ( unknown and not noticed by me at the time )!!! 
3:I have photo & videos of car prior to it getting collected to go to Kindertons repairer .. 

4: I have photos of difference in mileage (6 miles ) and e mail from Kindertons eventually admitting it had been driven 

5: Health Check report from BMW garage in which repairer drove it too stating damage ..

Kindertons commissioned report with pressure from me as I wanted car fully inspected by my own garage (30 miles )from repairer BUT it was driven to their own choice of BMW garage in same city . No e mail to repairer requesting it be transported on flat bed truck !!! I’ve asked repeatedly for this . 

6: I have final bill and repair cost from my own BMW garage in which it was transported too last a few weeks ago .. stating the same as the previous BMW garage ! ( 2 health check reports and final bill ) 

7: E mail from Kindertons claiming their repairer is liable for damage !

8: Admission verbally from repairer it was not road tested and mileage photos I took collaborated this .. 

9: Car had two full health checks last year and service & mot at my BMW garage only using BMW parts ( brake pads and discs replaced ) ( ball joints and suspension arm plus springs and wish bones …  it was in perfect working order prior to accident  ! Accident was on dashcam ! 
My car is well looked after . 
 

10 : It was transported on authority of Kindertons a few weeks ago to my own BMW garage .. it is now fully repaired and awaiting collection .. with previous correspondence and admission of liability this should have been paid 

( At least the air springs , wishbone and suspension arm plus labour ) 

11: Kindertons backed out of paying stating I quote “ due to previous suspension issues found and you driving it on collection the liability for damages is not our repairers responsibility “

12: There were NO ISSUES with damage to springs etc as were replaced . 
13: Car is sitting still at my garage for over a week awaiting payment and collection . My garage are extremely understanding and agree that Kindertons have been extremely wrong in many aspects of this case .. they have offered to write official statement.

14: I have said I’m willing to pay for compressor and wiring .. 

15: The stress , upset is actually having an extreme impact on my life .. 

I’m willing to go to court !! 

 

[BankFodder]

I'm not sure that you have told us the name of the original repairer.

Also you haven't told us the value of a likely claim. The cost of repairs in any ancillary losses. Please list these out in tabulated form.

Presumably you have a full report of the work on the suspension which was done prior to the accident. I think this will be necessary in order to establish the condition of the vehicle before it was damaged.

Please follow the link where we advise you on how to prepare your court bundle.

Even though you haven't issued the claim yet I think that you seem to have so much paperwork it will be very good idea to arrange it and index it as we suggest.

If you do bring a claim – and if they do try to defend and if it does go to trial then you will need this court bundle so it would be good to have it prepared in advance

but also it will help you to get it into perspective so that you understand everything you've got and anything else that you might need.

I think you should send a subject access request to the original insurers.

Send one also to kinderton's and send one also to the garage which eventually acknowledged that they hadn't done a roadtest and they hadn't carried out any diagnosis. This may not produce anything – but you never know.

Get the subject access requests ready and send them off tomorrow morning.

I have no doubt that they will try to delay things so you should accompany your subject access requests with some kind of identity verification

– for instance a copy of a utility bill along with a copy of their own correspondence and that should put it beyond doubt.

Follow the subject access request template to get an idea of what you should be doing.

Prepare a letter of claim and post it here in draft form.

As you can see, as long as you have got all your paperwork ducks in a row,

I would suggest that you would be issuing a court claim in about 17 or 18 days time.

[BankFodder]

Thanks for the "Like" @liviroma but what we need is some clarification to our questions please