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Mechanic / Garage in Small Claims Court *Help & Advice Please"
Hi Everyone
Its difficult for me to keep reliving and telling this story but I have no choice if I am requesting your help on Legal Beagles.
This is a long saga and I will try my best to keep it short and concise as possible. I recently returned from my first directions hearing where I felt I did not get my point across to the Judge due to my inexperience in these court matters and I seemed to have made mistakes and upset the Judge before even sitting down in the court room. I will bullet point the matters I would like your feedback on.
July 2013
1) I gave my car to a garage for diagnosing a problem with a non starting engine
2) I visited the Mechanic where we made a verbal agreement I could call and visit anytime while he was working on my car
3) After a week or so he sent me a video of the engine running with some smoking which his said was down to cylinder four and the cost to date was £680 and he recommends I let him open and fix the problem in cylinder 4 and estimated cost at £1500 total. I was happy for him to proceed as had my car up and running and a conclusion was in sight as he said the work would be over in a few weeks.
Aug 2013
Sep 2013 ( Constant chasing up with calls and texts and requesting a visit to see my car )
4) I constantly stayed in touch via calls and texts trying to push him along to finish the engine.
5) Then things started to turn! He said the engine was not good and 11 or 24 of the head studs were broken and had a leaky turbo and the engine was completely dismantled and required all parts in the engine to be replaced and it be rebuilt.
6) I said can we not just fix the problem area's and replace the parts needing to be replaced and keep costs to a minimum But he said it needs a total full rebuild and If I dont want to proceed now come with a transit van for the dismantled components and and and trailer for the car and pay him £1600+vat for his labour and take the car away.
7) At this point I thought what am I going to do with a car and engine in that state and being £2k+ out of pocket and in worse position then I started.
8) I bit the bullet and said get me a list of parts needed and pushed him for weeks to get back to me
9) He came back and said he will only use Genuine Dealership parts for the rebuild and it will be approx £7000 gbp for parts alone and £2500 for his labour
10) I was shocked and needed time to take this in as that was a lot of money and he insisted I buy Main Dealership parts only otherwise take the car in its current state and pay him his labour.
Oct 2013
11) He said get the parts so he can start the work and I admit I came up with excuses not to pay him straight away as felt under pressure and stressed about the situation I was in and tried to think my way out of it.
12) I told him I would get the parts and he can start the work But he said He has to buy the parts in for the car as then he 100% knows they are genuine and his warranty will apply.
13) He promised me he would use my money to by parts from the Main Dealers and Keep the RECEIPTS as the parts and Receipts are mine as would add value to the car using Genuine dealership parts and his cost was only labour.
14) I was desperate to see an end to this and paid him on the condition I could see my car and he was reluctant to let me attend and was evasive. I was foolish and made a part payment!
Nov 2013( Constant chasing up with calls and texts and requesting a visit to see my car )
Dec 2013 ( as above - Claimed he was to ill to work but on the mend )
Jan 2014
15) I was upset with the way I was being treated and requested the return of my car and money as I had seen nothing in progress and only got excuses from him but he apologised and wanted opportunity to put it right and said he would have the car ready in 2 weeks he just needed the remaining money for the parts and Desparate & Foolishly I paid again haven been given the 2 week completion date.
Feb 2014 ( Constant chasing up with calls and texts and requesting a visit to see my car )
March 2014 ( Constant chasing up with calls and texts and requesting a visit to see my car )
April 2014
16) I had finally had enough of this as 1 year had almost passed and he would refuse me access to my car by ignoring me and I did not want to create an incident or be accused of a criminal act while attending his premises to get my property back I took legal action via a solicitor.
17) He replied to my solicitor saying he needed 10 days to finish the car and my solicitor advised me against my better judgement to allow him to finish it
18) 8 days later I received notification that the car needed more parts as he found more parts that a visually worn out and they need replacing.
19) I asked him to cease all work and return my money and property.
May 2014
20) He claimed I had breached my contract by not letting him finish the work and that I owed him money and I cannot collect my property from him and that the parts I paid for were purchased from him and he will give me a hand written receipt and not Original dealership receipts
June 2014 Correspondence back and forth
July 2014 Small claims proceedings started
Aug 2014 He said he is charging storage at £10 per day but refused to return my car if I made a Payment Under Protest and not dropped legal proceedings.
Sep 2013 He cancelled the 1st court hearing 5 day before the date as said he knew the Judge on a Personal capacity
Oct 2014 Small claims court Directional hearing for appointing an expert witness for verify his workmanship and parts fitted.
21) I tried to explain to the Judge that the any parts fitted and work carried out is of no value to me as I dont trust him or any implied warranty is void for me as I would never go back to him if it developed a fault. I also explained that having my engine examined at his premises and then left behind there is not fair or reasonable and should be taken to a neutral premises and inspected where both the claimant and defendant had not influence or access to but I dont think this was taken on board.
22) Judge ordered experts to be put forward and mediation to begin but after 100's of phone calls and over 1000 text messages and 100s of emails I will come to an amicable settlement with this guy. He is manipulative and evasive and seems to be blame me after all the blind trust I put in him.
23) I know I was foolish and their are failings on my part but I feel his failings are unjustifiable and outrageous. I now find myself stressed out and dont even want to correspond with him and cant bring myself to even read his emails he sends me, I think I need a Good Solicitor who is versed in these matters and can deal with the court and the defendant. He lied and cheated me and walked out of the court room smiling like he had the upper hand.
So that is my Story in a Large nut shell let me know what your thoughts are " I welcome all help & guidance " I have contacted Consumer helpline, Trading Standards, Rogue traders, Dom etc to find help. This was a Dream Car that was going to come to reality of my childhood bedroom Poster but has turned in to the worse experience and nightmare!
Its difficult for me to keep reliving and telling this story but I have no choice if I am requesting your help on Legal Beagles.
This is a long saga and I will try my best to keep it short and concise as possible. I recently returned from my first directions hearing where I felt I did not get my point across to the Judge due to my inexperience in these court matters and I seemed to have made mistakes and upset the Judge before even sitting down in the court room. I will bullet point the matters I would like your feedback on.
July 2013
1) I gave my car to a garage for diagnosing a problem with a non starting engine
2) I visited the Mechanic where we made a verbal agreement I could call and visit anytime while he was working on my car
3) After a week or so he sent me a video of the engine running with some smoking which his said was down to cylinder four and the cost to date was £680 and he recommends I let him open and fix the problem in cylinder 4 and estimated cost at £1500 total. I was happy for him to proceed as had my car up and running and a conclusion was in sight as he said the work would be over in a few weeks.
Aug 2013
Sep 2013 ( Constant chasing up with calls and texts and requesting a visit to see my car )
4) I constantly stayed in touch via calls and texts trying to push him along to finish the engine.
5) Then things started to turn! He said the engine was not good and 11 or 24 of the head studs were broken and had a leaky turbo and the engine was completely dismantled and required all parts in the engine to be replaced and it be rebuilt.
6) I said can we not just fix the problem area's and replace the parts needing to be replaced and keep costs to a minimum But he said it needs a total full rebuild and If I dont want to proceed now come with a transit van for the dismantled components and and and trailer for the car and pay him £1600+vat for his labour and take the car away.
7) At this point I thought what am I going to do with a car and engine in that state and being £2k+ out of pocket and in worse position then I started.
8) I bit the bullet and said get me a list of parts needed and pushed him for weeks to get back to me
9) He came back and said he will only use Genuine Dealership parts for the rebuild and it will be approx £7000 gbp for parts alone and £2500 for his labour
10) I was shocked and needed time to take this in as that was a lot of money and he insisted I buy Main Dealership parts only otherwise take the car in its current state and pay him his labour.
Oct 2013
11) He said get the parts so he can start the work and I admit I came up with excuses not to pay him straight away as felt under pressure and stressed about the situation I was in and tried to think my way out of it.
12) I told him I would get the parts and he can start the work But he said He has to buy the parts in for the car as then he 100% knows they are genuine and his warranty will apply.
13) He promised me he would use my money to by parts from the Main Dealers and Keep the RECEIPTS as the parts and Receipts are mine as would add value to the car using Genuine dealership parts and his cost was only labour.
14) I was desperate to see an end to this and paid him on the condition I could see my car and he was reluctant to let me attend and was evasive. I was foolish and made a part payment!
Nov 2013( Constant chasing up with calls and texts and requesting a visit to see my car )
Dec 2013 ( as above - Claimed he was to ill to work but on the mend )
Jan 2014
15) I was upset with the way I was being treated and requested the return of my car and money as I had seen nothing in progress and only got excuses from him but he apologised and wanted opportunity to put it right and said he would have the car ready in 2 weeks he just needed the remaining money for the parts and Desparate & Foolishly I paid again haven been given the 2 week completion date.
Feb 2014 ( Constant chasing up with calls and texts and requesting a visit to see my car )
March 2014 ( Constant chasing up with calls and texts and requesting a visit to see my car )
April 2014
16) I had finally had enough of this as 1 year had almost passed and he would refuse me access to my car by ignoring me and I did not want to create an incident or be accused of a criminal act while attending his premises to get my property back I took legal action via a solicitor.
17) He replied to my solicitor saying he needed 10 days to finish the car and my solicitor advised me against my better judgement to allow him to finish it
18) 8 days later I received notification that the car needed more parts as he found more parts that a visually worn out and they need replacing.
19) I asked him to cease all work and return my money and property.
May 2014
20) He claimed I had breached my contract by not letting him finish the work and that I owed him money and I cannot collect my property from him and that the parts I paid for were purchased from him and he will give me a hand written receipt and not Original dealership receipts
June 2014 Correspondence back and forth
July 2014 Small claims proceedings started
Aug 2014 He said he is charging storage at £10 per day but refused to return my car if I made a Payment Under Protest and not dropped legal proceedings.
Sep 2013 He cancelled the 1st court hearing 5 day before the date as said he knew the Judge on a Personal capacity
Oct 2014 Small claims court Directional hearing for appointing an expert witness for verify his workmanship and parts fitted.
21) I tried to explain to the Judge that the any parts fitted and work carried out is of no value to me as I dont trust him or any implied warranty is void for me as I would never go back to him if it developed a fault. I also explained that having my engine examined at his premises and then left behind there is not fair or reasonable and should be taken to a neutral premises and inspected where both the claimant and defendant had not influence or access to but I dont think this was taken on board.
22) Judge ordered experts to be put forward and mediation to begin but after 100's of phone calls and over 1000 text messages and 100s of emails I will come to an amicable settlement with this guy. He is manipulative and evasive and seems to be blame me after all the blind trust I put in him.
23) I know I was foolish and their are failings on my part but I feel his failings are unjustifiable and outrageous. I now find myself stressed out and dont even want to correspond with him and cant bring myself to even read his emails he sends me, I think I need a Good Solicitor who is versed in these matters and can deal with the court and the defendant. He lied and cheated me and walked out of the court room smiling like he had the upper hand.
So that is my Story in a Large nut shell let me know what your thoughts are " I welcome all help & guidance " I have contacted Consumer helpline, Trading Standards, Rogue traders, Dom etc to find help. This was a Dream Car that was going to come to reality of my childhood bedroom Poster but has turned in to the worse experience and nightmare!
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