We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
I feel i have been ripped off so can anyone please help????
milbro007
Posts: 20 Forumite
[FONT=Verdana, Arial, Helvetica, sans-serif][FONT=Verdana, Arial, Helvetica, sans-serif][FONT=Verdana, Arial, Helvetica, sans-serif][FONT=Verdana, Arial, Helvetica, sans-serif]Hi
I wonder if you could please advise me to whether or not i need to consider pursuing this matter through the small claims court or not?
Case Details
Our van broke down in December 2010 while my partner was going shopping and it had loads of smoke pouring out the back and was losing power.
A little while later as it was Xmas we took it to Treverbyn Motors in Camborne hoping they would fix it.
We asked Mr David Brookfield (Proprietor) to fix our van and do whatever was necessary to get it back on the road again.
Mr Brookfield was aware that I was a plumber and needed my van for my work as I am self employed. I had no idea at this point i would be waiting over 2 months to get my van back when I was led to believe it would only take about 2 weeks.
We trusted Mr Brookfield to fix our van in a competent and professional way.
Whenever we checked on progress we were met with rudeness and hostility from his receptionist even though WE were the customers.
On collection of the van from Treverbyn Motors we noticed that windscreen sealant had been spilt over the nearside front pillar and mirror casing. Also oil stains on the front passenger seats so seat covers were obviously not used and a box of bolts left on the front passenger seat which turned out to be from the under engine cover which we found out later to be missing.
Basically the van was given back to us in worse condition that when we gave it to them.
When the turbo Mr Brookfield fitted failed within 200 miles of use we contacted him but again we were made to feel like it wasn't his problem
and he showed no interest in rectifying the problem with the part he supplied and fitted.
We took the van to DM Motors near Penzance and asked the engineer there to take a look at our van and explained that it had recently had a new turbo fitted at a cost of over £1000. The engineer checked the turbo and found it to be faulty and recommended we take it back to the garage
who supplied it so on his advice we to it back to Treverbyn Motors and spoke to Katrina the receptionist who again was quite rude and she
reluctantly booked the van in for the following Thursday so they could take a look.
The day before it was due to go into Treverbyns we rang them and asked if we were going to be charged for them to take a look at the turbo etc
to which Katrina the receptionist replied " of course you are going to be charged" We were quite shocked at hearing this to which her reply
was "It's not her problem".
We never expected to be treated like this by a local "established" garage and we felt that we should not be charged and took the van back
to DM Motors.
The engineer at DM Motors rang Treverbyn Motors on our behalf and when Mr Brookfield eventually rang back, The engineer from DM Motors asked
on our behalf why we they were not prepared to look at it at their expense as they had fitted and supplied it Mr Brookfield said there was
nothing wrong with the turbo and he had told us not to drive the van (which was totally untrue).
Simon then spoke to Mr Brookfield said to him "I told you not to drive the van and you were rude to my receptionist so here is the number for
Midland Turbo's so you can send the turbo back yourself and if they ask me about the turbo i will tell them i told you not to drive the van so
the turbo will not be repaired under warranty. Mr Brookfield then told us he did not want to talk to us anymore so he hung up.
We were let down by Mr Brookfield in a big way and had no choice but to ask DM Motors to remove the faulty turbo in order for Midland Turbo's
to come and collect it. We were then charged a further £240 by them to repair the turbo.
As Treverbyn Motors were not willing to investigate the engine problems any further we had no choice but to ask DM Motors to continue as it was
blatantly obvious that there were other problems other than the turbo that needed investigating.
The problem that we had due to our experience with Treverbyn Motors and due to the van being off the road for so long my plumbing business
has suffered greatly. This has caused me to have to turn work down in London that would have earned me over £4000, Over 2 months of not
being able to work has caused my family great financial hardship and strain.
We had to borrow the money from a friend to enable DM Motors to rebuild the engine and get the van back on the road so i can
carry on with my plumbing business.
Breakdown of Facts.
Q. Date of first contact and instructions given.
A. End of December 2010 )Approx 29th Dec 2010). Instruction was to fix
van! Explained symptoms ie losing power and smoking etc.
Q. List of items our insured (Treverbyns) was commissioned to work on,
whether supplied by you or our insured.
A. Mr Brookfield was asked to work on the engine, Mr Brookfield stated
that the turbo needed replacing to be able to continue any further.
Q. Details of conversations and personal visits checking on progress.
A. Rang Mr Brookfield every week and spoke to Katrina mostly to check
on progress and we were told they would ring us back. We were led to
believe that this was only a couple of weeks work at the the most. Each
time we rang the receptionist (Katrina) spoke to us as if she was doing
us a favour. Coincidently she no longer works at Treverbyn Motors?
Personal Visits - Weekly visit and receptionist rude each time so we
asked to speak to Mr Brookfield as he was the mechanic and when he came
out he would just stand there and look at us like we were from another
planet when all we wanted was his advice and expertise and to know when
the van would be fixed etc.
Trying to get answers and some kind of communication regarding our van
was near non existent, We were trusting Mr Brookfield to fix our van
but we were rapidly losing confidence in his abilities due to his
severe lack of communication.
Being told each time they would ring us.........................
Q. Comments made by our policy holder of the extent of the damage and
whether he is capable of repairing the vehicle.
A. Mr Brookfield stated that the turbo had gone and needed replacing
before he could continue any further and said he could supply and fit a
new turbo to repair our vehicle to which we obviously consented to.
Q. Distance travelled from collection until breakdown.
A. We travelled approx 200 miles (1 Week) Then the turbo went again.
Q. date of when the vehicle was collected from our insured and any
instructions given.
A. The vehicle was collected on 8th March (over 2 months time) Mr
Brookfield said that he had fitted a new turbo and we could use the van
but it still wasn't right and the engine could go at anytime? At no
time did he say NOT to use the van as if he did we would not have used
it and had it recovered to our home address on our AA membership.
Q. Cost of any repairs to date.
A. Treverbyn Motors - £1060.21
Midland Turbo's - £240.00
DM Motors - £1500.00
Engine Cover - £100.00 Approx
Seats and Paintwork £50.00
Loss of earnings over £4000 so far at the very least.
Q. Full Address and contact details of where and inspector can inspect
the vehicle.
A. Our address as the vehicle will be ready by the time and engineer
visits.
Q. If any of the work currently being carried out can be be considered
as rectification of work carried out by our insured under your initial
instructions to them.
A. Treverbyn Motors DID NOT fix the vans problem as DM Motors had to
rebuild the engine which Treverbyn Motors should have done in the first
place as we instructed them to.
Q. Anything else you consider to have a bearing on liability, Comments,
Documents or Reports from Engineers following work carried out by our
insured.
A. We contacted Cornwall Trading Standards for advice and they advised
we write to Mr Brookfield regarding his unsatisfactory service and
unprofessional behaviour by him and his staff.
It turned out that in the end the problem was a leaky injector was allowing diesel into the sump which was then making the oil level too high so causing damage to the engine and turbo.
Mr Brookfield failed to spot this problem EVEN though he had my van for 2 months so as you can imagine i am very unhappy with my treatment by him and his staff (Katrina is no longer in his employment).
Could you please advise me if i have a case or recommend a solicitor who would be willing to pursue Mr Brookfield for compensation due to my financial loss.
Thank You
[/FONT][/FONT][/FONT][/FONT]
I wonder if you could please advise me to whether or not i need to consider pursuing this matter through the small claims court or not?
Case Details
Our van broke down in December 2010 while my partner was going shopping and it had loads of smoke pouring out the back and was losing power.
A little while later as it was Xmas we took it to Treverbyn Motors in Camborne hoping they would fix it.
We asked Mr David Brookfield (Proprietor) to fix our van and do whatever was necessary to get it back on the road again.
Mr Brookfield was aware that I was a plumber and needed my van for my work as I am self employed. I had no idea at this point i would be waiting over 2 months to get my van back when I was led to believe it would only take about 2 weeks.
We trusted Mr Brookfield to fix our van in a competent and professional way.
Whenever we checked on progress we were met with rudeness and hostility from his receptionist even though WE were the customers.
On collection of the van from Treverbyn Motors we noticed that windscreen sealant had been spilt over the nearside front pillar and mirror casing. Also oil stains on the front passenger seats so seat covers were obviously not used and a box of bolts left on the front passenger seat which turned out to be from the under engine cover which we found out later to be missing.
Basically the van was given back to us in worse condition that when we gave it to them.
When the turbo Mr Brookfield fitted failed within 200 miles of use we contacted him but again we were made to feel like it wasn't his problem
and he showed no interest in rectifying the problem with the part he supplied and fitted.
We took the van to DM Motors near Penzance and asked the engineer there to take a look at our van and explained that it had recently had a new turbo fitted at a cost of over £1000. The engineer checked the turbo and found it to be faulty and recommended we take it back to the garage
who supplied it so on his advice we to it back to Treverbyn Motors and spoke to Katrina the receptionist who again was quite rude and she
reluctantly booked the van in for the following Thursday so they could take a look.
The day before it was due to go into Treverbyns we rang them and asked if we were going to be charged for them to take a look at the turbo etc
to which Katrina the receptionist replied " of course you are going to be charged" We were quite shocked at hearing this to which her reply
was "It's not her problem".
We never expected to be treated like this by a local "established" garage and we felt that we should not be charged and took the van back
to DM Motors.
The engineer at DM Motors rang Treverbyn Motors on our behalf and when Mr Brookfield eventually rang back, The engineer from DM Motors asked
on our behalf why we they were not prepared to look at it at their expense as they had fitted and supplied it Mr Brookfield said there was
nothing wrong with the turbo and he had told us not to drive the van (which was totally untrue).
Simon then spoke to Mr Brookfield said to him "I told you not to drive the van and you were rude to my receptionist so here is the number for
Midland Turbo's so you can send the turbo back yourself and if they ask me about the turbo i will tell them i told you not to drive the van so
the turbo will not be repaired under warranty. Mr Brookfield then told us he did not want to talk to us anymore so he hung up.
We were let down by Mr Brookfield in a big way and had no choice but to ask DM Motors to remove the faulty turbo in order for Midland Turbo's
to come and collect it. We were then charged a further £240 by them to repair the turbo.
As Treverbyn Motors were not willing to investigate the engine problems any further we had no choice but to ask DM Motors to continue as it was
blatantly obvious that there were other problems other than the turbo that needed investigating.
The problem that we had due to our experience with Treverbyn Motors and due to the van being off the road for so long my plumbing business
has suffered greatly. This has caused me to have to turn work down in London that would have earned me over £4000, Over 2 months of not
being able to work has caused my family great financial hardship and strain.
We had to borrow the money from a friend to enable DM Motors to rebuild the engine and get the van back on the road so i can
carry on with my plumbing business.
Breakdown of Facts.
Q. Date of first contact and instructions given.
A. End of December 2010 )Approx 29th Dec 2010). Instruction was to fix
van! Explained symptoms ie losing power and smoking etc.
Q. List of items our insured (Treverbyns) was commissioned to work on,
whether supplied by you or our insured.
A. Mr Brookfield was asked to work on the engine, Mr Brookfield stated
that the turbo needed replacing to be able to continue any further.
Q. Details of conversations and personal visits checking on progress.
A. Rang Mr Brookfield every week and spoke to Katrina mostly to check
on progress and we were told they would ring us back. We were led to
believe that this was only a couple of weeks work at the the most. Each
time we rang the receptionist (Katrina) spoke to us as if she was doing
us a favour. Coincidently she no longer works at Treverbyn Motors?
Personal Visits - Weekly visit and receptionist rude each time so we
asked to speak to Mr Brookfield as he was the mechanic and when he came
out he would just stand there and look at us like we were from another
planet when all we wanted was his advice and expertise and to know when
the van would be fixed etc.
Trying to get answers and some kind of communication regarding our van
was near non existent, We were trusting Mr Brookfield to fix our van
but we were rapidly losing confidence in his abilities due to his
severe lack of communication.
Being told each time they would ring us.........................
Q. Comments made by our policy holder of the extent of the damage and
whether he is capable of repairing the vehicle.
A. Mr Brookfield stated that the turbo had gone and needed replacing
before he could continue any further and said he could supply and fit a
new turbo to repair our vehicle to which we obviously consented to.
Q. Distance travelled from collection until breakdown.
A. We travelled approx 200 miles (1 Week) Then the turbo went again.
Q. date of when the vehicle was collected from our insured and any
instructions given.
A. The vehicle was collected on 8th March (over 2 months time) Mr
Brookfield said that he had fitted a new turbo and we could use the van
but it still wasn't right and the engine could go at anytime? At no
time did he say NOT to use the van as if he did we would not have used
it and had it recovered to our home address on our AA membership.
Q. Cost of any repairs to date.
A. Treverbyn Motors - £1060.21
Midland Turbo's - £240.00
DM Motors - £1500.00
Engine Cover - £100.00 Approx
Seats and Paintwork £50.00
Loss of earnings over £4000 so far at the very least.
Q. Full Address and contact details of where and inspector can inspect
the vehicle.
A. Our address as the vehicle will be ready by the time and engineer
visits.
Q. If any of the work currently being carried out can be be considered
as rectification of work carried out by our insured under your initial
instructions to them.
A. Treverbyn Motors DID NOT fix the vans problem as DM Motors had to
rebuild the engine which Treverbyn Motors should have done in the first
place as we instructed them to.
Q. Anything else you consider to have a bearing on liability, Comments,
Documents or Reports from Engineers following work carried out by our
insured.
A. We contacted Cornwall Trading Standards for advice and they advised
we write to Mr Brookfield regarding his unsatisfactory service and
unprofessional behaviour by him and his staff.
It turned out that in the end the problem was a leaky injector was allowing diesel into the sump which was then making the oil level too high so causing damage to the engine and turbo.
Mr Brookfield failed to spot this problem EVEN though he had my van for 2 months so as you can imagine i am very unhappy with my treatment by him and his staff (Katrina is no longer in his employment).
Could you please advise me if i have a case or recommend a solicitor who would be willing to pursue Mr Brookfield for compensation due to my financial loss.
Thank You
[/FONT][/FONT][/FONT][/FONT]
0
Comments
-
If you don't mind me asking - why has it taken you so long to get to the stage of enquiring about suing? You say the van was collected in March 2011 - that's over 17 months ago... Might have a bearing on the caseSwagbucks:
2012 = £225 (august onwards)
2013 = £400 so far...0 -
Hi
I have been banging my head against a brick wall basically.
I tried consumer direct and trading standards and they were powerless as apparantly no laws had been broken.
The garage brought their insurers in and no luck with them so what else can i do??
Maybe in the end i should just let it go or i should go the whole hog and tell the local newspapers etc and take them to court as i HATE being ripped off especially when money is already tight!!!!0 -
This sounds like a contractual dispute - there's no reason to think any laws have been broken.
You can faff about contacting lots of different people, or you can just send a Letter Before Action, followed up by the small claims procedure if they don't give an acceptable response to the letter.If it sticks, force it.
If it breaks, well it wasn't working right anyway.0 -
Sorry, but the loss of income isn't really their problem.
In any concequencial loss cases the judges look at the law and past cases, and unfortunately for you, you have to take reasonable steps in avoiding loss.
In this case rental of a van to do work and you would of had a better time claiming the rental costs back (if you could prove the original garage broke promises).
Also, any manners are polite, but not a requirement to law. Reading this makes you sound like a moaner and is fluff.
Keep it concise and to the point, and it's easier to put your point across.0 -
What you should have done is write a letter when you first took the car out, to see why the car was not repaired under warranty.
This would have put you into a better position.
As you donot have that you can still send a letter and hope they reply. Once you get a reply you will know what to expect.
You then issue a claim in the county court, and sue them.
It does seem that the repair was not complete when you took it away from the first garage as you state parts were left in the seat.0 -
Send a letter to the garage stating the facts and demanding payment for the cost of remedial work.
Keep it to the point and very brief and explicit about what you expect from them
Write Letter Before Action at the top an give them 21 days to reply.
Then consider going to the moneyclaimonline website to file a claim0 -
Thanks for your comments, I'll be writing to them immediately and see if i even get a reply.
Fingers crossed eh!0 -
Thanks for your comments, I'll be writing to them immediately and see if i even get a reply.
Fingers crossed eh!
If they do ignore you then that will help your court case as judges tend to take a dim view of people wasting the courts time - They like to see that people have at least tried to sort it out, even if an agreement cannot be reached.
Good luck with everythingSwagbucks:
2012 = £225 (august onwards)
2013 = £400 so far...0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.4K Banking & Borrowing
- 252.9K Reduce Debt & Boost Income
- 453.3K Spending & Discounts
- 243.4K Work, Benefits & Business
- 598K Mortgages, Homes & Bills
- 176.6K Life & Family
- 256.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards