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Discussion Starter · #1 ·
as a few of you may know my car died on me saterday, leaving me stuck in brighton for 13 hours, and having to pay heavily to get my car recovered,

it's been to a specialist, it needs a new supercharger amongst other bits, and this is due to a garage bodging a pulley change, and breaking the supercharger whilst fitting it.

I'm preparing legal action just incase for a small claims court, if anyones done it before what sort of things do i need?

the charger is coming off this week, as proof. but what else?

Any help would be greatly appreciated!
 

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You need a probable intent, in this case it would be possibly under the sales of goods act, circa "an item not fit for purpose"

Do you have proof that the fitting of the pulley change broke the super charger? How many days has it been since the pulley change? Have you contacted the garage to complain (you need to do this both verbally and in writing by recorded post) this will prove it was bought to the garages attention

All of these factors will be helpful and possibly detrimental in working out if there was contributory negligible action on the part of the garage
 

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Discussion Starter · #3 ·
the garage are aware of my complaints, i'm leaving the old man to deal with them as i'll end up saying something/doing something which will harm my side! he's phoning again tommorow, i'll get a letter in the post too.

the only proof i have is 2 garages opinions, and the manufacture of the pulley itself, both state that, there is no way the charger can be damaged in such a way, unless it's via incompatence from the fitter. It looks as if when they were removing the stock pulley, they've pulled it off. but taken the rod, and shifting the internals of the charger with it. it's moved by 3.8mm to 7.6mm away from the blower ( which doesnt sound alot, but obviously the belt cant be alligned so will snap, every time) The pulley itself is fine and of excellent quality.

The garage also came out to have a look when i originally broke down, took £100 and all they did was replace the belt, didn't pick up on/ignored the problem, which would explain why the belt snapped again 15 miles later!

i havn't got any invoices tho only emails, which i assume will be a massive issue?
 

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Not sure if its an issue but just thought of it. you insured to have a supercharger on your car?

hope you get this issue sorted asap and keep us updated please.
 

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He drives a R53 mini cooper-s which comes with a supercharger as standard. I hope you get it sorted mate.
 

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i hope you have more success than me.

I broke down in a cmax in france
ford said it would need a new ECU which would not be fitted in time for the end of my holiday.

3 days car hire/ / fords fees and transport for car to port = approx £2K

aa fixed a fuse on the dockside in portsmouth.

Claim against ford europe ended in - "we deny any wrongdoing " = no compensation.

F****rs
 

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the garage are aware of my complaints, i'm leaving the old man to deal with them as i'll end up saying something/doing something which will harm my side! he's phoning again tommorow, i'll get a letter in the post too.

the only proof i have is 2 garages opinions, and the manufacture of the pulley itself, both state that, there is no way the charger can be damaged in such a way, unless it's via incompatence from the fitter. It looks as if when they were removing the stock pulley, they've pulled it off. but taken the rod, and shifting the internals of the charger with it. it's moved by 3.8mm to 7.6mm away from the blower ( which doesnt sound alot, but obviously the belt cant be alligned so will snap, every time) The pulley itself is fine and of excellent quality.

The garage also came out to have a look when i originally broke down, took £100 and all they did was replace the belt, didn't pick up on/ignored the problem, which would explain why the belt snapped again 15 miles later!

i havn't got any invoices tho only emails, which i assume will be a massive issue?
Invoices would help but written evidence in the form of emails should suffice, it would help if you could get two independent garage reports, citing the issues and the probable cause. This will be well received if it does go to court, avoid slanderous comments or any defense based opinions, stick to facts and cold hard evidence.

Pictures are always useful to demonstrate the problems, also get a competent garage to detail the procedure correctly and put together some questions, these will form the basis of your questioning in court of the garages competency (some courts do not allow this though)

Sorry its a short reply, I should really be asleep!
 

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Discussion Starter · #11 ·
Thought i'd update this thank you for your help pop80, have won the case but the garage has appealed, they never turned up to court in their appeal. so we have won again by default. Now i just need to wait out and get the money, which will be more of a fuss no doubt!
 

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Dan to really cement your claim in the court you will need at least 3 independent evaluations from garages most important of them all the manufacture of your car.

you will not be able to take it to a small claims court until you have fixed your car you will not get enough favour by claiming what it would cost to fix it and 9 times out of 10 it will never be the price you need and will be the bare minimum your solicitor will have to settle with,not to mention the whole process will take longer.

Take it to mini get them to fix the problem, explain your situation and intent and make sure that the garage or managing body writes a statement and signs it proving that the work carried out was to fix a problem, and then they can make their own independent evaluation on what was broken and what caused it and again why.

now armed with 3 independent evaluations, a fix to the problem and a bill.

take it up with a small claims court

you want to be looking at settling the money they charged you for labour

and the money you paid to rectify it, things will get a little more difficult if you charge them the parts they supplied originally as there was nothing wrong with them it was the labourer that bodge it.

if you seek to reclaim it, your case might not follow through as it gets more complicated, you want a strong simple bullet pointed case so that the judge who will be conferring between your evidence and the garage is clear enough to determine your here because you were mugged off, you want this money back to compensate the damage done and move on.

if you try milking it the judge will look into whether this case is genuine or self inflicted.
 

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Discussion Starter · #13 ·
Just thought i'd update you guys, still waiting on the money, debt collectors have gone in but there's nothing legally forcing the bast*rds to pay.

Overall Small claims court is rubbish.
 

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Kind of defeats the point of the case being ruled in your favour in COURT if there is then no legal action which can be forced on them to pay out...?


The justice system in this country is complete rubbish and sees the bad get away and the good get punished!

Maybe take a visit to the garage yourself and "accidently" lean on something which breaks quite easily...
see how they like it!

Just like to point out that was a joke, I don't condone criminal damage of any kind!!!
 
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