Omega Owners Forum

Chat Area => General Discussion Area => Topic started by: bootie on 25 November 2011, 23:02:29

Title: Possible 'legal' help required.
Post by: bootie on 25 November 2011, 23:02:29
Fellow forum members, today I picked up my estate from the body shop (pictures will be posted later) they have done a good job, however, I went to drive away and noticed a big crack in the windscreen, drivers side, at eye level and it does intrude into the 'vision area'.
I know for a fact this was not there when they took the car in, definitely. I don't particularly want to have to hoof up the excess required for a new screen so I 'm looking for advice as to where I stand.
Can I make the body shop pay for a new screen, can I make them pay the excess up front to me so I am not out of pocket, can I chance paying the excess myself then claiming it back from them?

I have to take it back to them in better light conditions as it was early evening dark here in Scotland when I got it.
I did go straight back in and got the geezer who had just trousered all my lolly to come out and have a look, while not exactly admitting liability, he did state that well it's been baked at 80 degrees so might have cracked with the heat, then he proceeded to run a fingernail over the start of the crack by the screen rubber, saying it might have had a chip in before it came in.
My point is, it did not have the crack when I left it with them so are they liable to have it repaired?

Jon
Title: Re: Possible 'legal' help required.
Post by: JamesV6CDX on 25 November 2011, 23:07:20
1) visit them, discuss in person, see what they will do. It may be an amicable resolution can be achieved.

2) If no joy with 1) put it in writing, explaining it fully, and stating what you want done about it. State you expect a reply within 14 days.

3) If no joy with 2) - small claims court


Title: Re: Possible 'legal' help required.
Post by: Turk on 25 November 2011, 23:26:40
If they are going with the 'screen already chipped' story, then they should have advised you before hand that there was a chance it may cause the screen to crack during the baking process.
The car was left in their care, so they should make good any damage caused whilst they had the vehicle.
If they have a proper oven then it sounds like they're a professional set up and I'd say they would rather it settled amicably than have a disgruntled customer telling everyone.
Title: Re: Possible 'legal' help required.
Post by: bootie on 25 November 2011, 23:33:54
Mmmm, my only problem is, I don't live here so my time is limited. I'm flying back home on the 30th and really need it sorted prior to leaving it in storage so I need to know my  rights when I go back there tomorrow. I have a feeling they might try and stall me as they know my circumstances and just hope I will run out of time and have to get it sorted myself.....
 I hope, as you say, they are professional about it and I can get an agreement tomorrow and maybe a screen before I have to go to Edinburgh to pick up SWMBO. I would hate for the screen to break in this cold whilst barrelling along the M90!
Jon
Title: Re: Possible 'legal' help required.
Post by: Ken T on 25 November 2011, 23:50:36
A factor in the equation, a replacement screen from an independent "come to your door" down here is about £100.

How much is your time worth ?

Ken
Title: Re: Possible 'legal' help required.
Post by: bootie on 26 November 2011, 00:13:22
That will be the subject of a phone call first thing in the morning!
Title: Re: Possible 'legal' help required.
Post by: jonny2112 on 26 November 2011, 00:24:29
A factor in the equation, a replacement screen from an independent "come to your door" down here is about £100.

How much is your time worth ?

Ken

Fair point. Get all the info you can before going back so you know where you stand. With any luck an amicable solution will be achieved, as any claim through the court could take ages.
Title: Re: Possible 'legal' help required.
Post by: Ken T on 26 November 2011, 00:33:08
Oh yes, plus all the soddin' paperwork and forms, a nightmare  :-X  I'm just at the stage of suing Orange  :-X :-X :-X

Ken
Title: Re: Possible 'legal' help required.
Post by: ninjapirate on 26 November 2011, 00:47:26
I agree, talk to them 1st, explain, they could come up with something easy, but if it goes further you need to show you gave them the time to put it right.



having a couple badgers on your shoulders works well. well it makes me happy
Title: Re: Possible 'legal' help required.
Post by: JIFFY on 26 November 2011, 01:29:12
"badgers" lost  me ;)
Title: Re: Possible 'legal' help required.
Post by: Turk on 26 November 2011, 02:08:52
"badgers" lost  me ;)

 ??? Me too !!
Title: Re: Possible 'legal' help required.
Post by: Bixy1 on 26 November 2011, 02:12:42
 ???
Title: Re: Possible 'legal' help required.
Post by: Bionic on 26 November 2011, 05:25:14
I have been through the same sort of crap and I did win....read on :y
Thing is that as a professional body shop they should have fully inspected vehicle prior to accepting it for the proposed work with all defects fully itemised by them on a form during a walk round inspection accompanied by you as a witness and the completed from appended with their agents signature and your signature as being correct. That is the normal practice of any decent repair shop.
They should have warned you beforehand if there were any risks which may cause damage during the repairs or whuile the vehicle was in their care.
I would visit them and also send them a recorded delivery letter stating that you believe that they are responsible for the damage and why that is so and that you will not hesitate utilising the Small Claims Court procedure to sue them (either for your excess or for the full costs of the repair plus the use of a hire car because yours is illegal to drive through it) if they refuse to put right the damage caused by their lacksadasical procedures. Bear in mind that if you provide the court with the full details of the facts they will most likely find in your favour. If they do decide in your favour demand that they pay immediately and do not allow them time to pay or to pay by installments.
They will no doubt try to bully you into not taking action. Do noit be swayed and stand your ground.
There are many sites on the internet where you can give local businesses a write up for good or bad work and I use them to check a business before I give them work and also afterwards to reward good or bad workmanship.......
The court forms are easy to complete (took me 10 mins), can be done online and they will when found liable be responsible for all of the costs.
GudLuk, but stick with it
Title: Re: Possible 'legal' help required.
Post by: pscocoa on 26 November 2011, 08:02:27
Mmmm, my only problem is, I don't live here so my time is limited. I'm flying back home on the 30th and really need it sorted prior to leaving it in storage so I need to know my  rights when I go back there tomorrow. I have a feeling they might try and stall me as they know my circumstances and just hope I will run out of time and have to get it sorted myself.....
 I hope, as you say, they are professional about it and I can get an agreement tomorrow and maybe a screen before I have to go to Edinburgh to pick up SWMBO. I would hate for the screen to break in this cold whilst barrelling along the M90!
Jon

As the garage knows your circumstances and knows the dangers of a cracked windscreen you should hold them liable for the damage pointing out there were no chips or cracks when the car went in to them and also just state that you need urgently to replace and you are going to replace the windscreen at a repairer of your choice unless you have an acceptable alternative from them for a speedy repair answer by (whatever date/time you need). State that any costs incurred will be for their account.

 

Title: Re: Possible 'legal' help required.
Post by: jonny2112 on 26 November 2011, 12:29:47
Oh yes, plus all the soddin' paperwork and forms, a nightmare  :-X  I'm just at the stage of suing Orange  :-X :-X :-X

Ken

Good luck  :y
Title: Re: Possible 'legal' help required.
Post by: bootie on 26 November 2011, 12:59:38
Went back to the body shop today and spoke to an under manager. The chap that I spoke to yesterday was not there today so couldn't get a definitive answer from them, however in the interest of my safety I went ahead and used the windscreen claim from my insurance. Appointment on Tuesday morning for the one remaining Omega windscreen in this area! Ordering in would add another week and I fly back home on Wednesday.
I really appreciate all the advice given and under different circumstances I would be aggressively pursuing this to make sure I got the right result with no out of pocket expenses.
I feel that I will get my excess refunded by them, as someone said, they don't want/need disgruntled customers badmouthing them especially in a small town where everyone knows everyone, plus I did mention that I would be mentioning them on this and other forums.
They do need to redeem themselves in my eyes (of course) and I hope this will be resolved before I leave.

Watch this space!