Small Claim for damage by garage - sold car what now?
Discussion
Hi guys,
You might remember those shysters NAME REMOVED damaged my car whilst they had it for a service, and repaired it using a "silver" wood screw.
I really, really need your advice as I'm afraid they are going to get away with it
Although they initially promised to fix the damage, when I chased them up they stopped replying, so I contacted the CAB to see what the correct process should be.
I've followed the CAB's advice and attempted to agree on an ADR on the europa.eu website - Servicing Stop didn't respond, and after 31 days the case expired.
I then initiated a small claim against them for the amount I'd been quoted to repair the damage. Last week I received documents from the court notifying me that they were disputing the case and that now I had to decide whether to attempt mediation or go to court. Going to court will cost me over a hundred pounds (on top of what I've paid to initiate the claim) so isn't a great option unless it's likely to have a good outcome.
There are two factors to consider:
Their dispute with my case is that that they have (at the time of initial contact) offered two options: repair at one of their garages or an independent inspection - and that these two options still stand. However, I agreed to them repairing at the time, and have several emails chasing them up (and one from them saying they'll contact me the next day with a suitable garage - which they never did) - and then they ignored me despite me emailing them.
So I've got a sheet of info, stating they are been economical with the truth and listing all the emails between us, and showing that they have ignored me and reneged on their promise. It also shows the amount I was quoted to repair, and that they ignored my ODR case until it expired.
BUT (and it might be a big but) last week I got rid of the car - the whole thing has ruined the car for me - knowing it was an MOT failure (as they'd left the rear wiring loom hanging after the poor bumper repair, so it had shorted out the wiring to the plate lamps), and the cost to get it fixed up, I took the chance of changing car and gave my car to the guy who gave me a not-terrible price, but obviously one a lot lower than if the car had been 100%.
So now I don't know what to do - I still think SS should be accountable for at least the loss in trade-in value I've suffered, but can I change my current claim (which was for repairing back to original) to the lower amount of difference in value when part-ex'ing? I suspect they'll play hardball and insist on repairing, which means I'm screwed anyway aren't I?
This is weighing over me as I really don't want to spend £100s and then not get anywhere, but on the other hand I really don't want them to get away with it either.
Is it worth stating the latest developments and entering (free) mediation and taking it from there? How do I prove how much value the car lost though?
Mod note: please don't name and shame.
You might remember those shysters NAME REMOVED damaged my car whilst they had it for a service, and repaired it using a "silver" wood screw.
I really, really need your advice as I'm afraid they are going to get away with it
Although they initially promised to fix the damage, when I chased them up they stopped replying, so I contacted the CAB to see what the correct process should be.
I've followed the CAB's advice and attempted to agree on an ADR on the europa.eu website - Servicing Stop didn't respond, and after 31 days the case expired.
I then initiated a small claim against them for the amount I'd been quoted to repair the damage. Last week I received documents from the court notifying me that they were disputing the case and that now I had to decide whether to attempt mediation or go to court. Going to court will cost me over a hundred pounds (on top of what I've paid to initiate the claim) so isn't a great option unless it's likely to have a good outcome.
There are two factors to consider:
Their dispute with my case is that that they have (at the time of initial contact) offered two options: repair at one of their garages or an independent inspection - and that these two options still stand. However, I agreed to them repairing at the time, and have several emails chasing them up (and one from them saying they'll contact me the next day with a suitable garage - which they never did) - and then they ignored me despite me emailing them.
So I've got a sheet of info, stating they are been economical with the truth and listing all the emails between us, and showing that they have ignored me and reneged on their promise. It also shows the amount I was quoted to repair, and that they ignored my ODR case until it expired.
BUT (and it might be a big but) last week I got rid of the car - the whole thing has ruined the car for me - knowing it was an MOT failure (as they'd left the rear wiring loom hanging after the poor bumper repair, so it had shorted out the wiring to the plate lamps), and the cost to get it fixed up, I took the chance of changing car and gave my car to the guy who gave me a not-terrible price, but obviously one a lot lower than if the car had been 100%.
So now I don't know what to do - I still think SS should be accountable for at least the loss in trade-in value I've suffered, but can I change my current claim (which was for repairing back to original) to the lower amount of difference in value when part-ex'ing? I suspect they'll play hardball and insist on repairing, which means I'm screwed anyway aren't I?
This is weighing over me as I really don't want to spend £100s and then not get anywhere, but on the other hand I really don't want them to get away with it either.
Is it worth stating the latest developments and entering (free) mediation and taking it from there? How do I prove how much value the car lost though?
Mod note: please don't name and shame.
Edited by Bill on Tuesday 22 August 14:11
You have got rid of the car meaning no claim, unless you have a letter from the garage stating they have reduced trade in to £X due to the damage?
Ideally you should have got the car repaired privately and chased them for the money, that way you could have sold the car for normal price and still chased them for the debt.
Ideally you should have got the car repaired privately and chased them for the money, that way you could have sold the car for normal price and still chased them for the debt.
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