Query regarding Section 75 claim

jeeva · 15 December 2017 at 1:55PM

A month ago my car was broken down and took to a reputed garage for repair. During diagnose they found that drive shaft was broken and need to be replaced. Only one drive shaft was broken. They asked me I have to replace the other one as well with tyres. I agreed and requested them do full service with MOT (That was due in 40) for peace of mind because my wife use the car with kids. All bill was around £1200. I received my car and paid the money through credit card. We drove only 20 miles in a month because we were away for holidays 2 weeks. Car broken down again and when I called recovery guy he told me that it is drive shaft issue. I told him we replace two new drive shaft a month ago and we did not drive because we were away. I took my car back to the garage. They told me that gear box is damage . There was big hole in the gear box. The position of the hole right behind the drive shaft.

I asked- how come the gear box cover damage from this position. It is cover with drive shaft and no way any brick can hit to gear box. I took some pictures and according to that pictures gear box damage because of the external impact. They did not agree and did not give me a satisfactory reason. What exactly happened they did not fix the drive shaft properly and it came off and damaged the gear box. They asked me for £1000 for extra work. I don't have any option- I have to pay the money. I discussed with credit card company they said I can pay and raise as disputed both payment.

What is my position in this case. I have been using credit card from last 12 year and never disputed any payment. My car is 5 year old but I drove only 35000 miles. I feel I am paying the prices of negligence made by the garage. Second drive shaft they said it was recommendation. It is complete lie. They said I have to change it.

jonesMUFCforever · 15 December 2017 at 10:23PM

What you think happened is irrelevant = you will need an engineer's report to agree with you before you can hope to win a claim.

jeeva · 15 December 2017 at 11:10PM

Thanks for your reply. Photographic evidence is not enough. I don't want to waste money on any reports.

Nebulous2 · 16 December 2017 at 8:36AM

jeeva wrote: »

Thanks for your reply. Photographic evidence is not enough. I don't want to waste money on any reports.

Regard it as a waste, or regard it as an investment. If you win your case you'll get the cost of it back.

jeeva · 16 December 2017 at 10:03AM

The car is already fixed. Today I am going to pick up the car. How I am going to get the repor?

chattychappy · 16 December 2017 at 1:22PM

You can still make a claim under S75. There is nothing in S75 that demands engineers' reports. You can give the CC such evidence as you have and tell them why you think it will be disproportionate/impractical to get a report done.

No doubt they will fob you off/reasonably decline (depending on your point of view).

You are always free to take out a small claim. Having done that, the CC might be more willing to make you an offer and settle. Failing that, it will be for a judge and not the CC to decide whether an engineer's report is necessary to prove your claim. Ie you will still have to prove your claim, but you won't have to dance to the CCs tune.

jeeva · 16 December 2017 at 5:14PM

Thanks, today picked up the car and asked for my gear box. First the asked for £250 surcharge but 2 hours arguments they agreed to give my gearbox. I saw manager today even he said that it could be drive shaft damage. When I asked the question that how much distance between drive shaft and gear box. He showed me with two fingers. It was only 5mm. How could a small object of 5 mm made suck a big hole.

I showed pictures to 2 machines today. According to them It is clearly damage by the drive shaft because they did not fit properly but They can not write report because they do not want to involve.

How this case will proceed?

jonesMUFCforever · 17 December 2017 at 3:40PM

You need an independent report - the garage carrying out the repair are not likely to agree with you are they it would be like turkeys voting for Christmas.

jeeva · 18 December 2017 at 10:32AM

I called my recovery company and they provided me in writing that drive shaft was hanging and damaged the gear box. It was mechanics comments he left on the notes when he came for recovery.

Query regarding Section 75 claim

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