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Legal advice
#1416555
18/03/2013 13:19
18/03/2013 13:19
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Joined: Dec 2006
Posts: 3,927 The Faringdon Folly
oxfordSteve
OP
Forum is my job
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OP
Forum is my job
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
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As I know there are a few legals on here I thought I would try to cadge some free advice.
Other halfs 2001 focus spring a water pump leak a couple of weeks ago, so took it to a local mechanic (no one from here!).
He whipped the old one off and replaced the cambelt as you need to take it off to get at the pump. Ran it for about 20 mins to check temps, then called to say it was ready. Started it up, nothing but a clunk and whirring noise. Turned out the crank pulley bolt had come loose and valves met head.
One of those things, maybe. So head went off for a recon and new valves.
Got it back on friday, and it smokes like a bastard after running for about 20 mins.
He came round to have a look, said it was probably the piston rings and it neededan engine rebuild and wasnt his problem.
So he took a leaky car, bought back pretty well written off, and charged £600 for the privilidge.
Where does she stand?
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Re: Legal advice
[Re: oxfordSteve]
#1416583
18/03/2013 16:16
18/03/2013 16:16
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Joined: Dec 2005
Posts: 12,546 Northumberland
AndrewR
I AM a Coop
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I AM a Coop
Joined: Dec 2005
Posts: 12,546
Northumberland
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Well, I'd say you've got 3 options:
1. You could threaten to take this to a small claims court, and that might be enough to inspire him to generously sort the whole thing out.
2. You could actually take it to the small claims court, but at the very least you'd have to get an expert's report, saying that the initial damage was likely to have been caused by the work the garage did (of course, an expert may not conclude that). You'd have to pay for the examination of the car and the mechanic is likely to counter-argue that it's a 12 year old car, which was designed for a working life of 7 or 8 years, and that shit happens. So it would be a bit of a coin toss over whether you'd win that case or not.
3. You could just avoid throwing good money after bad, suck it up and buy another car.
Option 1 costs nothing, so you might as well give it a go - you're probably already off the mechanic's Christmas card list, but if it doesn't work I'd move straight to option 3.
Dear monos, a secret truth.
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Re: Legal advice
[Re: oxfordSteve]
#1416585
18/03/2013 16:28
18/03/2013 16:28
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Joined: Jul 2009
Posts: 2,617 SE Essex
charlie_croker
I need some sleep
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I need some sleep
Joined: Jul 2009
Posts: 2,617
SE Essex
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I think you need to send a strongly worded letter via recorded delivery stating that: 1. The car was damaged by him failing to take reasonable care (Crank Pulley belt coming loose). Therefore while you are happy to pay for the Timing belt and water pump, all other work should be at his expense. Or 2. If you paid via Credit Card (and I hope you did!) then you might be able to claim under Section 75 of Consumer Credit Act. Read this for more http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases3. If you paid via Debit Card, it may be worth asking your bank for a chargeback and then let him come after you for the money. Each option has it's risks, but if you paid by Credit Card you will have a good chance of claiming
Last edited by charlie_croker; 18/03/2013 16:29.
Happy
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Re: Legal advice
[Re: oxfordSteve]
#1416641
18/03/2013 20:39
18/03/2013 20:39
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Joined: Dec 2006
Posts: 3,927 The Faringdon Folly
oxfordSteve
OP
Forum is my job
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OP
Forum is my job
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
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Whether the crank pulley coming lose was his fault only he can say I guess.
They certainly said that the recon head would solve the bent valves, and is there wasn't any smoke when he had it, then the conversation never happened about other things needing doing.
His solution to the smoking was to pour in a can on Wynn's Stop-Smoke.
Her usual mechanic asked what he had done, and couldn't believe what he had done, nor that he wouldn't have just fixed it as he broke it.
To top it all off, he cleared off after having a look this morning, GF checked the oil...it was dry. She called him, and his reaction "Oh, I didn't check the oil".
FFS I am livid, and it's not even my car.
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Re: Legal advice
[Re: oxfordSteve]
#1416652
18/03/2013 21:38
18/03/2013 21:38
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Joined: Jul 2009
Posts: 2,617 SE Essex
charlie_croker
I need some sleep
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I need some sleep
Joined: Jul 2009
Posts: 2,617
SE Essex
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I thought that if valves and pistons met that the shock caused bottom end damage as well as top end?
Happy
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Re: Legal advice
[Re: charlie_croker]
#1416653
18/03/2013 21:43
18/03/2013 21:43
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Joined: Dec 2006
Posts: 3,927 The Faringdon Folly
oxfordSteve
OP
Forum is my job
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OP
Forum is my job
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
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I thought that if valves and pistons met that the shock caused bottom end damage as well as top end? The other "usual" mechanic said exactly that, and you are wasting your time doing the head, and would have been better off getting a lump from the local scrappy.
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Re: Legal advice
[Re: oxfordSteve]
#1416675
18/03/2013 23:10
18/03/2013 23:10
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BillyBobz
Unregistered
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BillyBobz
Unregistered
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The bottom pulley bolt coming lose is his fault. The ford zetec bottom pulleys aren't keywayed so the crank has be locked in place via a locking pin. So he either didn't lock the crank correct and got the timing wrong or he didn't torque the bolt up. From that point on it should of been him paying for either a second hand engine or a head rebuild if the pistons and con rods were in good nick. Idiots like him give mechanics like him a bad name!
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Re: Legal advice
[Re: oxfordSteve]
#1418313
27/03/2013 15:37
27/03/2013 15:37
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Joined: Jul 2009
Posts: 2,617 SE Essex
charlie_croker
I need some sleep
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I need some sleep
Joined: Jul 2009
Posts: 2,617
SE Essex
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How did you pay?
If credit card then talk to them regarding section 75 claim.
If via Debit card, then look to get a charge back.
If you paid cash, them it looks like you will have to launch a claim using money claim ( small claims court), this can be done online.
Happy
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Re: Legal advice
[Re: oxfordSteve]
#1418600
28/03/2013 20:24
28/03/2013 20:24
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Joined: Jul 2009
Posts: 2,617 SE Essex
charlie_croker
I need some sleep
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I need some sleep
Joined: Jul 2009
Posts: 2,617
SE Essex
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If you do decide to take him to court, here's how you do it, go here and fill in the relevant form https://www.moneyclaim.gov.uk/web/mcol/welcome Read this advice here https://www.gov.uk/make-court-claim-for-money/overview Fees for the service are here https://www.gov.uk/make-court-claim-for-money/overview £500 to £1000 doing it all online will cost you £60 You can also claim for loss of interest on the money, in fact at 8% PA thats quite a good return. https://www.gov.uk/make-court-claim-for-money/work-out-interestAgreeing without going to court You can still talk to the other person or business, and try to reach an agreement before the court hearing. Use the court’s small claims mediation service if your claim is worth under £5,000 - contact your local county court. If you settle out of court before the hearing, you may be able to get some of your court fees refunded. The judge might not award you costs if they think you’ve made no effort to agree out of court. Good luck, I have used the service on two occasions and on one the other person didn't respond so I got Judgement by default on the second one there was hearing with a judge and a young legal rep (from the other side) it's all done in a small room, there were three of us in there, their rep was next to useless, she thought she was something special, I just presented the facts, and judge found in my favour, and gave me costs, oh and their legal rep got a bit of a hard time, as Judge was not impressed with her or the company. Took about 30-45 minutes tops.
Happy
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Re: Legal advice
[Re: oxfordSteve]
#1455141
25/10/2013 08:51
25/10/2013 08:51
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Joined: Dec 2005
Posts: 8,420 Lightwater, Surrey
DaveG
Club Treasurer Member 311
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Club Treasurer Member 311
Je suis un Coupé
Joined: Dec 2005
Posts: 8,420
Lightwater, Surrey
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Glad you won, but shame it had to go that far, hope he doesn't have a record of unpaid CCJ's...
But what's happened to the car? Is it driveable? Are you keeping it, selling it or scrapping it?
1996 Portofino 20vt & 2000 Pearl White Plus 2008 Ferrari F430 & 2017 Fiat 124 Spider
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Re: Legal advice
[Re: oxfordSteve]
#1455227
25/10/2013 15:14
25/10/2013 15:14
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Joined: Dec 2005
Posts: 8,420 Lightwater, Surrey
DaveG
Club Treasurer Member 311
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Club Treasurer Member 311
Je suis un Coupé
Joined: Dec 2005
Posts: 8,420
Lightwater, Surrey
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That's great! Well done. Hope you get the money back via the CCJ. Now you need to add him to www.un-trusted-trader.co.uk (no such site of course )
1996 Portofino 20vt & 2000 Pearl White Plus 2008 Ferrari F430 & 2017 Fiat 124 Spider
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Re: Legal advice
[Re: oxfordSteve]
#1456562
03/11/2013 10:47
03/11/2013 10:47
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Joined: Dec 2006
Posts: 3,927 The Faringdon Folly
oxfordSteve
OP
Forum is my job
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OP
Forum is my job
Joined: Dec 2006
Posts: 3,927
The Faringdon Folly
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Well, getting money out of him is the next hurdle.
He's managed to get hold of £600 (the judgement was for £1360), and came round on Friday, claiming that either we accept that amount as full and final settlement, or he would use the money to lodge an appeal, and pay an expert witness. He also brought over a wedge of stuff he had printed off the net "proving" why none of this was his fault. He just can't seem to work out that he has lost, and it's all over.
Sounds rather like an attempt at blackmail to me, but that's beside the point.
I thought that appeals were pretty well impossible in small claims cases, given the appealant has to prove serious errors in law or procedure, rather then just because he didn't like the result. I think they only have 21 days from the day of the judgement.
Anyone got more definite opinion, rather than just what I trawled google for?
Further, would it be morally wrong for someone to shop him to the HMRC as he seems not to give invoices, so I doubt he pays tax, or the council as he seems to be operating mostly from the carpark at the back of his flat.....
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Re: Legal advice
[Re: Jim_Clennell]
#1456578
03/11/2013 13:30
03/11/2013 13:30
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Joined: Jan 2006
Posts: 5,988 Sunny Darlo
Wishy
Forum is my life
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Forum is my life
Joined: Jan 2006
Posts: 5,988
Sunny Darlo
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What Jim said, and once you've got your money back, shop him. But then I'm a vindictive so and so if someone's gone out their way to pee me off like this guy obviously has.
Coming with less than half the money with a take it or get nowt threat alone would be enough for me to want to make the guy's life a tad uncomfortable as oppose to just getting my money back and moving on.
Up yours Photobucket.
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Re: Legal advice
[Re: Rudidudi]
#1456590
03/11/2013 14:58
03/11/2013 14:58
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Joined: Dec 2005
Posts: 21,524 Aldershot
PeteP
Hon Club Member 005, Membership Secretary
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Hon Club Member 005, Membership Secretary
Forum Fossil
Joined: Dec 2005
Posts: 21,524
Aldershot
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Record any conversations and dont meet him alone, he seems like a slippery one.
You may want to suggest that if he doesnt meet the terms of the CCJ you will instruct bailiffs. For a one off fee of £60 (which you will get back from the debtor) you can get an order from the High Court which will pass the debt collection to a High Court Sherriff who has greater powers to get you your money than one acting for a lower court. Here's some info.
16VT and X1/9 1500
We must all do our part for the planet. I unplugged a row of electric cars that nobody was using.
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