Halfords overfilled engine oil and refuse to repair vehicle fully!

[manofprinciple]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Well for example the fact i asked for 4-5k..obviously it was down to a lack of knowledge and 1st time filing a small claims court issue but they could say it shows i was trying to be greedy when thats not the case obviously but Yes I suppose you are right!

[wales01man]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

You were asking for more than the current claim because you did not know what you could claim after all you are like me not Legally trained so why would you know what you can claim until you get advice.
Along with Des I expect them to make an offer to avoid a court case

[manofprinciple]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

You were asking for more than the current claim because you did not know what you could claim after all you are like me not Legally trained so why would you know what you can claim until you get advice.
Along with Des I expect them to make an offer to avoid a court case

YES EXACTLY. you took the words out of my mouth. Yeah well my claims alot lower now its slightly over 3k..which considering the value of the car is 2400..i think is reasonable...

[manofprinciple]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

It doesn't really matter if they do see what you are posting on line, as they will see all your case before it gets to court.
Both sides have to make full disclosure, so you can't ambush them in court.
And if they see you are serious they may (repeat may) cease to make ridiculous comments and actually accept their liabilities.

PS your claim for "lack of use" runs from the time your vehicle was off the road to about 14 days after they settle your claim.

lack of use? can you explain that a bit more hanks

[des8]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Sorry, should have said "loss of use"
If you hire a vehicle, the cost of hire is claimable, but if you do not (nor are supplied by the defendant with a free courtesy car) you may claim an amount per day for which you have no vehicle. Some years ago the amount p.d. was c£15, I'm not sure how much now, but I suspect it hasn't increased much!

[manofprinciple]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Sorry, should have said "loss of use"
If you hire a vehicle, the cost of hire is claimable, but if you do not (nor are supplied by the defendant with a free courtesy car) you may claim an amount per day for which you have no vehicle. Some years ago the amount p.d. was c£15, I'm not sure how much now, but I suspect it hasn't increased much!

i see.what about if you used a taxi whilst car was being repaired but then after the point of car hire ending..you didnt use any transport because courtesy car ended..could you still claim taxi costs back incurred and loss of use? or would that be seen as not mitigating losses even though you have incurred both?

[wales01man]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

The figure may be £15 per day not Taxi costs you could in theory used taxis costing a couple of hundred pounds a day I think the advice you are given is there is a standard sum allowed .
Giving a long list of what you are trying to claim may work against you.

I fully support you but you may need to simplify things do not give Halfords an opportunity to rip your claim apart if they are going to fight they will fight dirty .

[des8]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Fares,(taxi and bus and train etc) are claimable in addition to "loss of use".
Just because it is claimable doesn't mean you must claim it.
With regard to mitigating this type of loss one example would be to buy a cheap car, say £500.
When your claim is settled (in your favour hopefully) your claim for the period you had the cheap car would not be for loss of us, but for loss of value if when you sold the cheap car you only received £200. Your loss would be £300.

[manofprinciple]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Fares,(taxi and bus and train etc) are claimable in addition to "loss of use".
Just because it is claimable doesn't mean you must claim it.
With regard to mitigating this type of loss one example would be to buy a cheap car, say £500.
When your claim is settled (in your favour hopefully) your claim for the period you had the cheap car would not be for loss of us, but for loss of value if when you sold the cheap car you only received £200. Your loss would be £300.

I see! Yes I understand better. Thank you. Well definetely taxis have been used because at first I wasn't given a hire car and Halfords advised to use taxi's and seek reimbursement. Second repair time i had hire car. I have been looking for new cars as a replacement but the current problem I have is no way of getting there to view the cars. I was worried If I did get taxis to view cars it would be seen as over excessive and I wouldn't be reimbursed.
I haven't claimed for loss of use to be honest but I have suffered it which is why I'm sure you suggested it Des.

[manofprinciple]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

It doesn't really matter if they do see what you are posting on line, as they will see all your case before it gets to court.
Both sides have to make full disclosure, so you can't ambush them in court.
And if they see you are serious they may (repeat may) cease to make ridiculous comments and actually accept their liabilities.

PS your claim for "lack of use" runs from the time your vehicle was off the road to about 14 days after they settle your claim.

in terms of the claiming for about '14 days after they settle your claim' how do i go about working the days out as i won't know how long the case will be going on for? Just i want to try and mitigate my losses. Obviously so far it has been 2 weeks..and if I have this right then..so if i don't buy another car i can claim loss of use+alternative transport? But if I do mitigate my losses and try and buy another car *(as I have been) then would it be overzealous of me to claim the costs of taxis to viewings etc just i have no terms of transport to alot of the dealerships ? I jw as i am looking at getting another car but had no idea i could do this.

[des8]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

OK I don't pay attention to what posters on other forums have to say
When they start getting personal I definitely switch off.
Why does it matter if you post more than one problem (serial complainer)? No one forces them to respond.
What do they know about your personal situation to pass remarks about upset caused over Xmas? How do they know how far away your family live? what your financial situation is and whether you can afford taxi fares?

On the other hand I do believe you should now sit down and work out how you intend to proceed.
You know what your main claim points are, so stick to them and discard claims for things like stress. (difficult to prove and only minor compensation)
Get your claim down to the simple things.

You will receive conflicting advice. This is to be expected as nothing is black and white.( Even on this friendly site you will find posters arguing, but hopefully not getting personal). Decisions from the courts (especially the lower courts) often seem to be in conflict with each other. You will have to decide which way to go.

[wales01man]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Some good advice from Des ignore others unless you want to take their advice you have a valid claim just maybe needs a little refining you are on new ground with this claim take any advice you can you have the final say on the claim

[des8]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Re claiming for loss of use & mitigation you would need to put on your claim form that you were claiming for £x p.d. for the period you were without a vehicle, and following mitigation you were seeking court order that defendant reimburses difference between purchase price and selling price of temporary replacement vehicle when known

[manofprinciple]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

Re claiming for loss of use & mitigation you would need to put on your claim form that you were claiming for £x p.d. for the period you were without a vehicle, and following mitigation you were seeking court order that defendant reimburses difference between purchase price and selling price of temporary replacement vehicle when known

Right okay and yes it would literally be a temporary replacement as I need something reliable. Would i have to wait to know the selling price and sell it then or how do i go about that?

[des8]

Re: Halfords overfilled engine oil and refuse to repair vehicle fully!

The court should order that when the difference is known the defendant will make good the difference