Halfords overfilled engine oil and refuse to repair vehicle fully!

[manofprinciple]

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

I assume you need a vehicle, just for day to day living, so why would it be a poor decision?
If you win your case you should not lose out.
Halfords have declined your request for reimbursement of your losses following negotiations and sending a "letter before action".
The only choice now is between court action or no action.
No action will get you zilch.
Court action might get you your losses reimbursed, or if you lose a slight increase in your losses.

legal action is definetely my next choice. And well yes I need a car certainly, I just was worried the judge may say that as they gave my car back I shouldn't have bought a new one but I think as it's not driveable and the current damage at 2700 it's fair to buy a new one?
i am going to post a draft poc online tommorrow if you could take a look des id really appreciate it? As your very wise and I'm not haha .
in the meanwhile I have spoke to my mum and she advised me that as my prior quotes for repair of the vehicle were based on halfords 'report' that the catalytic converter had gone and me seeking quotes on this part and fitting ..that I should get the car towed to a nearby garage and get a full inspection done as per the letter, incase there is any other damage that has been overlooked or caused by the car being sat in there garage for this long .
Then once I recieve a quote to then have it towed to her house in a private locked driveway and sorn. Would you agree this is the best way for me to deal with car?

[des8]

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

Sounds fair enough to me

"As your very wise" not according to those who know me!

[manofprinciple]

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

Des your very wise. You've been a saint to me..really can't thank you enough

[manofprinciple]

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

Hey I've today got my car towed and sorted it out with a garage. The garage Rang me and said 'halfords rejected your claim' so they aren't going to pay and they say they never repaired anything. I have this recorded as I now have call recorded which records incoming and outgoing calls.
shouldnt under the data confidentiality act nothing about my car/claim be disclosed to someone who's not me anyway? And if they never repaired the vehicle when they told me they did , this means I was lied to.
do you think it is worth mentioning this in the Poc?
Am writing the poc tonight and that but am struggling on how I should word in the temporary replacement vehicle. Any advice? Thanks

[des8]

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

You don't need to mention that in the PoC, but it would be most useful if you could get the garage to agree to put their findings in writing.
However, be warned, they might not be prepared to commit themselves.
You'll be able to put additional information forward in due course when you get the opportunity to reply to their defence.

[manofprinciple]

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

You don't need to mention that in the PoC, but it would be most useful if you could get the garage to agree to put their findings in writing.
However, be warned, they might not be prepared to commit themselves.
You'll be able to put additional information forward in due course when you get the opportunity to reply to their defence.

yeah Im going to speak to the garage more thoroughly.
But for the replacement vehicle hoe should I word that into costs as I was unsure ?

[manofprinciple]

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

The claimant seeks the sum of £X in respect of damage caused to the defendant's vehicle and consequential losses.
On 24/12/2014 the claimant purchased engine oil from the defendant for use in the offered "top up service" of the claimant.
The oil was then passed to the defendant's employee Jack, who then put it into the claimant's engine.
The claimant's employee failed to measure the quantity of oil needed and overfilled the engine.
This negligent act has caused extensive damage to the vehicle necessitating repairs estimated to cost £X-X
The negligent act was in breach of The Supply of Goods and Services Act 1982
The Claimant will rely on receipt issued by the Defendant, transcripts of conversations with the defendant's employee(s), Photographs, Reports from Autonatinal Recovery Breakdown recovery & Nissan Huddersfield and third party witnesses statement.
Interest claim of 8%.

Is this ok for the POC for MCOL? or should I use this:



1. The claimant visited one of the defendants stores in Cortonwood Retail Park, Cortonwood, Barnsley, S73 0TB to purchase engine oil and their oil top up service.

2. The work topping up the oil was carried out negligently thus consequently substantial damage was caused to the claimant's car.

3. Claimant immediately returned to defendants store seeking repair of vehicle. Defendant admitted liability and promised repair/reimbursement in audio recording. Defendant conducted repair 6 days later but repair was again negligently carried out which caused further significant damage to claimant’s vehicle.

4. The claimant's car damage was caused by defendant's negligence and breach of statutory duty under the Supply of Goods & Services Act 1982.
5. Claimant seeks reimbursement of all costs incurred due to defendants negliglence.

6. Claimant has spent at least 185 hours trying to deal resolve with defendant.

7. Total - £X



8. Interest Pursuant to section 69 County Courts act 1984

[manofprinciple]

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

Let me knwo thanks

[manofprinciple]

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

Car was picked up by mechanic and is now having a independent inspection done.

[des8]

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

Regarding your latest PM, I don't know if you will be able to have your fees remitted.
Suggest you read form EX160A http://www.fbu.org.uk/wp-content/upl...bunal-fees.pdf.

I had noticed your posts on CAG, but didn't comment as basically we are both singing from same hymn sheet.

If you are eligible for fee remission you can't post claim on line, so this will make it easier to formulate your POC

Will post more later

[manofprinciple]

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

okay thanks des as mentioned in the PM think ill win with the new situation..if i have to pay then ill do that

[des8]

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

My suggestions are that when you complete claim form N1 under section "brief details of claim" you state:
The claimant seeks damages in respect of damage caused to claimants vehicle and subsequent consequential losses.

Under value:
The claimant expects to recover not more than £5,000

Under Particulars of claim:

The Claimant claims the sum of £2,400.00 in respect of damage caused to the Claimant's vehicle and an amount not more than £2,500.00 for consequential losses.
On 24 December 2014 the Claimant purchased engine oil from the Defendant's store at Cortonwood Retail Park, Cortonwood Barnsley, S73 0TB In accordance with a"top up service” offered by the Defendant one of the Defendant's employees poured the oil into the Claimant's engine. However he filled the engine beyond the manufacturer's recommended level.
This caused damage to the engine and exhaust system
This act was in breach of The Supply of Goods and Services Act 1982 Part II 13
The Claimant relies on receipt issued by the Defendant, transcripts of conversations with Defendant's employee(s), Photographs, Reports from Autonational Recovery Breakdown Recovery& Nissan Huddersfield and third party witness statement.

The claimant claims interest in accordance with section 69 of the County Courts Act 1984 at such rate and for such period as the court may direct.


You may well receive alternative advice, as there is no one best way of wording a claim.
As it's your claim, you will have to decide on final wording.

I would keep the claim below £5,000 as that is the trigger point to raise costs from £205 to £455. Of course if you qualify for fee remission that won't matter.
Your consequential losses can be detailed later.

[manofprinciple]

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

Thanks for the advice Des that seems reasonable. Would you say im better getting the form and doing this or online? I take it to get the form you just go to your local county court?

[des8]

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

Forms are available on line, but as I said elsewhere it might be an idea to pop along to your local county court.
Contrary to what I thought forms along with fee remission papers go to salford

[manofprinciple]

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

I see ok thanks