Money on line claim - Breach of Duty of Care (Motor Garage)

[flexy3001]

Good evening, all

I hope you've had a great day

I'm in the process of making a Money Claim on-line (MCOL) against a garage (Garage A).

The garage were supposed to rectify an electrical problem, but after having the my car for over two weeks they were unable to find the fault. I subsequently asked them to deliver the car to Garage B for a second opinion.

Garage B rang me and told me that Garage A had delivered my car "in bits". Apparently, Garage A had removed my fusebox in order to fit a new one. However, the fusebox didn't fit, so they attempted to refit the old one. They told me that Garage A had fitted the fusebox incorrectly, which had caused further damage to my car. .

Garage B were able to identify the original electrical fault, but had to remove the fusebox and refit it again correctly. Garage B had my car repaired and returned to me in just one day. I paid Garage B for repairs they carried out to put my car in the same state it was before Garage A had it, and also for repairs to rectify the electrical fault.

I wish to claim for the rectification work carried by Garage B, together with loss of use. I've already sent the Garage A two letters, including a letter before action. I am now in the process of drafting my MCOL.

I'm unsure what I need to include in the POC and brief details of claim. Do I need to allege breach of duty of care? Or would it be breach of bailment/contract? Any suggestions would be helpful.

Thanks :-)

[stevemLS]

Re: Money on line claim - Breach of Duty of Care (Motor Garage)

Failure to carry out the work with reasonable skill and care and to a standard expected of a competent garage?

[nemesis45]

Re: Money on line claim - Breach of Duty of Care (Motor Garage)

Hi Welcome.
You must give " garage A " a chance to pay before issuing a claim.

This is done by writing a Formal Letter Before Action setting out the events. consequences and the costs that you will be claiming for if they do not meet the requirement you set down in the letter.
You must keep the remedy required at a fair and reasonable level.

nem

[flexy3001]

Re: Money on line claim - Breach of Duty of Care (Motor Garage)

Thank you both (StevemLS and Nemesis45) for your replies.

Nemesis45 - I have already sent two letters to the garage. In my last letter I told them I would be taking county court action if no reply within 14 days.

StevemLs - Thank you for your suggestion. I will include it in the claim.

Do either of you have example POC that would be appropriate for this type of claim? What do I need to say in the brief details of claim?

Thanks