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9 months later and still not working...


Chimera
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IF someone thinks they can help get my money back - I'd be most grateful..

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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OKIE DOKIE... have penned a letter... but could do with some help tweaking it - don't want to sound like a fool... any help gratefully received

 

Supply of Goods and Services Act 1982

Dear Sir,

 

I am writing to you regarding the smart car (reg XXXXX) which you worked on earlier this year.

 

We entrusted the vehicle to you only because you assured us you had the necessary skills to complete the work and we expected you to operate with professionalism and honesty.

All documentation relating to the work undertaken should have also been passed to XXXXXX when the car was collected - these have still not been received by either myself or XXXXXXX.

XXXXXX have carried out a full investigation of the engine. They have made the following statement:

Breather Pipe

Replaced due to tabs missing from connection end.

In our opinion, debris has been allowed into the system via this pipe and caused the turbos to fail

The attached invoice details the work carried out.

I have followed the trading standards guidelines and earlier this year gave you ample opportunity to repair vehicle. I now require full payment of the costs incurred.

I have attached a spread sheet detailing these costs. The total amount is £3548.42.

I am willing to settle this dispute ‘without prejudice’ for £2055.42.

 

I require you to respond with 7 days. Please be advised that should the matter go to small claims court, you may also be liable for court fees and interest on the full amount.

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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You need to write reminding them what the car was taken there for and how much the original quote was and what the final bill was. (A quote is different from an estimate).

Give them the story that the repair failed and they were given two further attempts to effect a repair which also failed.

State that you then took the car to another garage as is your right. Tell them you have a report that states that in the engineers opinion, it was your failure to take adequate precautions while attempting a repair that caused the third and subsequent costly repair.

Say you require reimbursment of the cost of second garages charges and how much that was.

Also give them a date by which to respond 14 days is resonable, and that a failure to reply satisfactorily will result in further action being taken.

 

I must remind you Chimera, that an opinion is not proof and they may deny any liability. If this is the case then send them a letter before action and see what there response is.

 

Send all correspondence by recorded delivery and keep the stubs for proof of delivery.

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Arrggghhh.. trying to modify the letter and getting myself in a twist.. if anyone could help write it - I woudl be eternally grateful.. I know it's a lot to ask... just sooo annoyed..

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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OKIE DOKIE... have penned a letter... but could do with some help tweaking it - don't want to sound like a fool... any help gratefully received

 

Supply of Goods and Services Act 1982

 

Dear Sir,

 

I am writing to you regarding the smart car (reg XXXXX) which you worked on earlier this year.

 

We entrusted the vehicle to you only because you assured us you had the necessary skills to complete the work and we expected you to operate with professionalism and honesty.

Your repairs failed and you were given two further opportunities to effect a repair.

I then, as is my right under the supply of goods and services act 1982, took it to another garage to have the repairs completed

 

All documentation relating to the work undertaken should have also been passed to XXXXXX when the car was collected - these have still not been received by either myself or XXXXXXX.

XXXXXX have carried out a full investigation of the engine. They have made the following statement:

Breather Pipe

Replaced due to tabs missing from connection end.

In our opinion, debris has been allowed into the system during previous repairs via this pipe and caused the turbos to fail

The attached invoice details the work carried out.

I have taken advice from trading standards and write to you under their guidance in the hope of an amicable settlement of this dispute. guidelines and earlier this year gave you ample opportunity to repair vehicle. I now require full payment of the costs incurred.

I have attached a spread sheet detailing these costs. The total amount is £3548.42.

I am willing to settle this dispute ‘without prejudice’ for £2055.42.

 

 

I require you to respond within 7 days. Please be advised that I will take further action should you fail to respond in a positive manner.should the matter go to small claims court, you may also be liable for court fees and interest on the full amount.

 

Add the bits in red and remove the bits in blue. Don't need to mention the breather pipe as you have enclosed a copy of the repair sheet.

You don't need to mention court here either as your next letter will be a letter before action.

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You are a star :)

 

Thanking you :)

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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letter going out via recorded delivery tomorrow... :)

 

WIll keep you updated :)

 

Fingers Crossed

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Letter gone out - but getting worried now. Someone else has suggested that the 1st garage may not be at fault,a nd asked why the 2nd garage cost so much. I was utterly convinced, now I am doubting myself. As far as I can see, the 2nd garage cost so much, because of teh amount of time they ahd to spend investigating the problem (well - trying to find the problem!)

 

I suppose I should go my my initial instinct, and not let myself start doubting..

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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What is this small piece that you think they either broke or didn't replace?

I don't see how you can absolve the turbo with certainty as it was used and was ok for two weeks.

I can't see how you can ask for a refund from the first garage unless you can show that they were the cause of the second breakdown.

I don't think "obvious something they had/had not done" will warrant any action unless you can show that.

 

You should be prepared for a total rejection as you will need to show that they were at fault.

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  • 2 weeks later...

I provided them with the notes and invocie from 2nd garage.

 

Recieved a letter on Staurday to say they recieved letter and it has been passed onto thier insurers who should be intouch shortly.

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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let's hope so.. anyone got any experience of dealing with the insurance companies?

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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  • 2 months later...

Hiya,

 

No news from insurance company yet.. given plenty of time.

 

Could someone help with a 2nd letter to send.

 

Basically saying. Thanks for the letter but I've not heard from insurance company.

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Hi Chimera.

 

Well you certainly are patient and yes I think you have given them plenty of time to respond.

You will now send them a letter telling them that you have not heard from their insurance company and that you still hold them personally responsible.

 

I would give a time to respond (as you have waited a long time already) of 14 days and tell them this letter is to be taken as a 'letter before action' and the next they will hear will be a court summons.

 

Don't forget recorded or special delivery.

 

Oops, forgot to say. Do you still have all correspondence from them ? as the one saying they are sending it to their insurers is almost an admittance and will be useful should it need to go further.

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Thanks for swift reply.

 

Yes, still have correspondence.

 

Any chance you could put the above in letter format. It never seems to sound right when I do it :(

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Vehicle details.

 

Dear

 

On 'date' you responded to my letter requesting that you reimburse me for repairs to the above car.

You indicated that you had sent the details in the form of a claim to your insurance company, (copy of your letter included for your convenience).

 

To date I have not received any correspondence from you insurance company or any further correspondence from 'garage name' and as such I still hold your company 'garage name' liable for the cost of the repairs.

 

This will be my last letter to you and as such should be treated as a 'letter before action'.

If reimbursement is not forthcoming within 14 days, I will issue a summons in the county court, which will incur further charges for court fees.

 

I trust we can come to an amicable agreement and that further action will not be necessary.

 

***

 

Send a photocopy of the letter where he said he is sending it to his insurer.

Also include a copy of the amount you have already requested from them.

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Thanks so much :)

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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goes out today :)

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Share on other sites

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