So take it to a LandRover dealer and pay the appropriate labour rate !.
Back Street grease-monkey outfits are hit and miss when you have a non-straight forward vehicle, unless you are certain that they are specialists in that make of car.
What I'd do is write recorded delivery to the ceo if its a group or the manager if its independent and repeat your claim, and put a time limit on that, then tell them that you will then take independent advice on rectifying the vehicle and get it done keeping all documents. If the vehicle is laid up while you wait, tell them you will expect to be recompensed for hiring a vehicle during the time. If they wont take the very strong hint and fix it, then go through with your plan and present them with the bill and then if they won't pay claim. A word of warning though, If they are a fly by night outfit they may have other cases pending and may choose to wind up the business and claim hey have no assets for the court to have.
I had this with a double glazing company and they eventually or rather one of the directors gave me half the cost which was the best I could do as I got the distinct impression he was as much hoodwinked by the other directors as his customers were. Brian
Everything is the EU's fault in the minds of brexiteers. Its why they don't like the EU.
They also don't like being told they are wrong and killfile you for doing so.
It has always (or at least since 1893 and subsequent case law) in the UK been the case that in any breach of contract the entity responsible should normally have an opportunity to resolve the issue. However, that was not cast in stone and showing objective reason why you didn't want to allow an opportunity to remedy could be presented and often was when the case was about faulty workmanship
When the European Commission set about reviewing the Consumer Acquis they set as one of the principles of the legislation "keeping the contract alive" and that canceling it must be the last resort.
One aim of the consumer Acquis was stated as being to encourage inter community consumer trade and to simplify consumer legislation. In both respects it has, to be kind, been somewhat less than successful.
One assumes. I have the slip
I think that is exactly what I am going to do. I gave them no deadline, but was due to bring te car in today but didn't because they hadn't responded . My experience with the law is generally at the low levels if you have all your ducks in a row at a small claims hearing half the time the other party doesn't even show up and you get judgment by default.
Of course getting a claim stamped by the court doesnt get you money And you may need to request that from bailiffs etc. But the publicity is not great for the firm is it?
I wonder if they award costs. Probably do if you have made genuine efforts to reach an agreement.
No, there is a bunch of gobbledy gook JSON there and nothing else. :-(
You can if that bearing is only available as a new drive train, or there is reason to suppose that the bearing and its housing are both damaged. Its not the 'whole drive train' Its a tube with a yoke at one end and a flexible coupling at the otheer. It is that coupling that is damaged. It may be fixable with just a new bearing or it may need a whole new unit.
That cannot be proven, Another garage assessed it before I took it to them and identified the *centre* bearing that was noisy but they couldn't fix it so I took it to another place I have used. They replaced the bearings and broke the coupling, but they will I am sure swear blind it was broken already.
The mechanic at the garage already identified the problem. I dont think there is any disagreement on that point.
Er no. Just before I went into hoipsital for my cancer operatin I made that mistake. They wanted to charge me £1500 for an MOT. I told them to stop work and give me the car back. I had to threaten them with the police. Eventually I paid for a bit of work to the handbrake and took it for a second MOT. It passed.
I then involved an official MOT man who failed it on a couple of minor things. He had words with the workshop manager.
I then learnt that the same workshop manager who had tried to stiff me years ago for £3000 quid for a new XJS rear diff when it only needed a new oil seal, was involved.
This is not a back street grease moneky outfit. Its a decent firm that does alot of work for commercial vehicles. I use them because they have the headroom to get under my camper on a 4 poster.
ISTM you could chuck a lot of money at this and end up with no redress. You might as well pay up and put it down to experience.
The short story is that you are expected to let the original garage that f***ed up fix the problem, particularly now that he does realise how it is supposed to be done.
While the small claims court may decide to force the the original garage to pay for the repair you get done elsewhere, there is more risk that they will decide that you should have given the original garage the chance to fix what they stuffed up because that is cheaper for them because there is no labour cost involved.
Odd, doing the same for me as well now.
Try
If Rover sell it only as a complete unit that is what you can claim for.
That is a risk you face, However, remember you are working only on balance of probabilities. Neither the garage you first used nor the final one identified a faulty coupling upon initial examination. If you ask the first garage to state that and then reexamine the coupler and declare it is now damaged that puts you in a reasonably strong position. Your expertise isn't of much interest to a court no matter how extensive it may be, they will be looking for an external independent opinion.
Send the letter as a signed for delivery and they can't claim to have not received it.
Funny isn't it, if you are sent a letter demanding payment by a utility company, bank or credit card company and threatening court action, you are DEEMED to have received it, without any proof.
SteveW
And checked on line that it's been signed for?
The summons quite often gets them to cough up to avoid the courtcase and, provided you have a good case and have "done the right things", the inevitable judgement against them. This has far more clout as banks don't like lending to entities with judgments against them or may witdraw or restrict any current borrowing.
Of course you'll find the very rotten apple occasionally that'll just "disappear" but most companies aren't that rotten.
Yes, they do, any relevant documented costs including the court fees. I think you can also claim a small amout for "incidentals" like going to the PO to get the RD letters sent, phone calls, your time and inconvience in having to prepare and bring the case as well.
I think - to be fair (and you'd need confirmation in a legal NG) the playing field is level, and either side can apply to have judgement set aside on the basis of non-receipt of a letter.
The problem is it's an asymmetric relationship, as you are doing so freezing your 'nads off with no leccy, and the PowerBastards are comfy in their squillion point offices missing a few quid.
One of my Dads friends used to work in the legal department at a large company (in reality he was the legal department ...) about once a year he'd have to rush to court because a disgruntled customer who knew how to apply the law had managed to serve a winding up order. So it can be done ....
The second will claim that they did
I threatened the Ford Motor company with legal action once
Got paid instantly.
Ex-MOT tester neighnour has been looking at an exhaust problem with the butchers ageing Nissan 4x4.
Seems that the front cat (there are two) is blocked so the exhaust is blowing back into the engine, out though manifold gaskets, etc. engine management light is on, there is oil and crap everywhere under the bonnet, and vehicle only goes up a hill in 1st gear.
Back street MOT place near Amberley gave it a new MOT certificate, no questions asked, so he could tax it and carry on using it until it had a new front exhaust.
Never trust any MOT. They might show the mileage and available to inspect online but there are still plenty of dodgy places who will issue a clean MOT for a 'favour'.
You'll have a job to filter dirty diesel engine oil. How many people in Blackpool can afford a decent merc. Are these clapped out taxi's ?.
Out of interest, why would any back street MOT testing station give a ceritficate to an unroadworthy car?
Surely it wouldn't ever be worth their while unless it was sweetened with a backhander?
Or even a Land Rover specialist. Must be plenty of those in Little England, surely?
Quite.
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