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Reasonable opportunity to resolve an issue before court action ?
dave the builder:
If a garage does a repair which fails after 4 to 6 weeks
admits they made a mistake, has the car back for repair," fixes fault" FOC
(under an 18 month warranty)
but the problem remains, say a clutch :P still noisy after 15 miles of driving
do you have to keep letting them have it back for repair?
(the garage refuse to come and look at the problem, insisting they recover the car)
but the car is effectively evidence in what could be a future court case, so, not happy to let them have it ::)
I think..... they had it back,failed and enough is enough :-\
time to take legal action to recover costs :-\
STEMO:
As far as I know, you have to give them the opportunity to put things right before you can take them to court. Give trading standards a ring.
Lizzie Zoom:
--- Quote from: STEMO on 23 July 2018, 15:47:19 ---As far as I know, you have to give them the opportunity to put things right before you can take them to court. Give trading standards a ring.
--- End quote ---
Yes, you must be seen as giving them a reasonable (such an important word in law) time to carry out the repairs. Once that has happened, and they still fail to carry out a satisfactory repair, then take small claims court action, making sure you give them proper legal notice of your intent.
If you have to take that route it is straightforward to do via the online service:
https://www.gov.uk/make-court-claim-for-money ;)
dave the builder:
Thanks for the replies :)
they had the car back for repair and within half a day, said it was fixed
Having lost confidence in them to repair, with ‘reasonable skill and care ‘. I got an independent inspection from a motor vehicle engineer,
that states, due to poor repair, the car is economically unviable to repair
they refuse to come and examine their handy work
insisting they want it to recover it back to them for examination
I think that I have been fair with them, only asking for a refund of the work they failed to do twice.
STEMO:
--- Quote from: dave the builder on 23 July 2018, 16:21:12 ---Thanks for the replies :)
they had the car back for repair and within half a day, said it was fixed
Having lost confidence in them to repair, with ‘reasonable skill and care ‘. I got an independent inspection from a motor vehicle engineer,
that states, due to poor repair, the car is economically unviable to repair
they refuse to come and examine their handy work
insisting they want it to recover it back to them for examination
I think that I have been fair with them, only asking for a refund of the work they failed to do twice.
--- End quote ---
That's your opinion, Dave, not necessarily how the process works.
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