Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Worth going to small claims?

5 replies

Lovemusic33 · 01/10/2017 17:45

Will try not to out myself.

A month ago I took my car to the garage as the clutch was slipping, garage checked my car over and said that the clutch was staring to go and would need replacing in the near future but they couldn't book it in for a few weeks as they didn't have time (booked up and staff on holiday). So I found someone else to do the work and they said they could do it a lot cheaper than my local garage, so I let them do the work. When I got the car back I payed them the money assuming all was ok. Next day I go to drive the car and something isn't right, it's making good a awful noise when I change gear and excelerate. I call them and they say they will take the car back and sort it. They bring the car back again and they try and tell me that the noise has nothing to do with the work that was done (seems of as the noise was coming from the clutch), I refuse to give him any money, he leaves the car with me. Next day I drive the car and the noise is still there. At this point I'm really annoyed so I book the car into my local garage so they can check it over, garage tell me that it's likely the wrong parts have been fitted and the car will have to be taken apart again and another clutch fitted (£800 worth of work).
I message the people that did the original work and they still tell me it wasn't the clutch making the noise and it's another part of the car, I tell them if they don't believe me they can phone my local garage, they continue to argue with me.

All I want is a refund for the work he did (as he messed up) so I can use the money to get it done correctly but they are not offering me anything.

I can't afford to pay twice for a job that should have been done correctly in the first place. I am now stuck with a car I can't drive very far (and risking causing more damage), I can't afford the work to repare it and I can't afford to replace the car.

What do I do next? Do I threaten then with small claims court? Where would I stand?

I don't really want all this hassle, I want my car fixed Sad

OP posts:
Ttbb · 01/10/2017 18:03

You write them a preaction letter. If they still refuse them take them to court.

prh47bridge · 01/10/2017 22:12

Since they are disputing that the problem is their repair you will need a report from an independent engineer to support your case. As Ttbb says, you need to send them a letter before action setting out your case and giving them a reasonable deadline to refund your money. If they don't do so within that time you can start a claim.

The big problem you have is that, unless they roll over and give you your money back, this could take a while. It may be months before you get your money back so you need to think about what you will do in the meantime. If they have fitted the wrong parts continuing to drive the car may not be a sensible option.

Lovemusic33 · 03/10/2017 15:39

Thank you.

I spoke to my garage (not the ones that messed it up, the ones who are going to sort it out/re do the work) and they said they will back me up that the problem was not there before this work was carried out as they checked my car 2 weeks before the work was done, they will also put in writing that the problem could not have been there before as it's coming from a part which was replaced during the work. They will also write a letter saying what work has to be carried out to fix it.

I have messaged the people that did the work and have asked for a full refund for the work that was carried out, I have given them time to pay me and have said if they refuse to pay I will be taking to small claims.

In the meantime I have had to apply for a credit card to pay for the work to be done as by driving the car I could be making the car worse.

I don't know what my chances are of being payed the money and I haven't got a clue how I would stand in small claims, I don't really want it to get that far.

OP posts:
prh47bridge · 03/10/2017 17:00

If your garage provide a proper engineer's report it sounds like a fairly straightforward case. I would be surprised if you have any trouble in small claims if it gets that far.

Lovemusic33 · 03/10/2017 17:29

Thank you prh, it does sound pretty straight forward. I am hoping they will just pay me back my money, would make things much easier.

OP posts:
New posts on this thread. Refresh page