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could i describe this repair by Shorade as fraudulent?

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  • tir21
    tir21 Posts: 1,030 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    edited 9 September 2017 at 12:27AM

    They didn't make any money from this bodge, all they did was avoid spending it

    read the definition of fraud again

    fraud:
    wrongful or criminal deception intended to result in financial or personal gain.

    financial gain can include saving money - as well as making it you dingbat :)
  • tir21
    tir21 Posts: 1,030 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    edited 8 September 2017 at 11:15PM
    You haven't been defrauded OF anything. It's a simple enough word to understand the meaning of.

    http://wikidiff.com/defraud/fraud

    Fraud is a noun for the practice of lying to someone in order to gain something, either money or some other beneficial intangible. It is also the word for a person who commits fraud. Another term for this kind of person is a fraudster. This term is mainly used in British English, but can be found in some US publications as well.

    Defraud is a verb that describes a practice of lying to someone or an institution to steal money specifically. This includes acts like identity theft and electronic hacking.
  • tir21
    tir21 Posts: 1,030 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    edited 9 September 2017 at 12:36AM
    its just so disappointing to finally buy a new car- take it to the 'best' body shop in the midlands and have it returned with much more damage than it went in with

    it really knocks ones faith in human integrity when a company promotes itself as 'prestige' but has no scruples about deceiving its customers

    I paid twice as much to get the job done there - and you would like to think that would engender a greater level of honesty
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    OP you've asked a question had a number of responses which all disagree with you, there's no point posting and then arguing against the consensus, move on.

    It's interesting that your possts haven't been deleted as they are potentially libellous just in asking the question.
  • tir21
    tir21 Posts: 1,030 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    edited 9 September 2017 at 9:14AM
    bigadaj wrote: »
    OP you've asked a question had a number of responses which all disagree with you, there's no point posting and then arguing against the consensus, move on.

    It's interesting that your possts haven't been deleted as they are potentially libellous just in asking the question.

    they all disagree but no one can explain why the deception that was perpetrated by shorade does not constitute fraud. I've pointed out to them many times what the definition of fraud is but tbey don't seem to be able to take it on board. Between us, I dont think they are tbe brightest sparks in the box to be honest
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    bigadaj wrote: »
    OP you've asked a question had a number of responses which all disagree with you, there's no point posting and then arguing against the consensus, move on.

    It's interesting that your possts haven't been deleted as they are potentially libellous just in asking the question.

    I suspect that's because the OP doesn't understand what fraud actually is.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    tir21 wrote: »
    they all disagree but no one can explain why the deception that was perpetrated by shorade does not constitute fraud. I've pointed out to them many times what the definition of fraud is but tbey don't seem to be able to take it on board. Between us, I dont think they are tbe brightest sparks in the box to be honest

    No one has been defrauded. Being deceived or misled or being lied to doesn't mean you have been defrauded. They have not made any financial gain from what you say is deceit.
  • Nobbie1967
    Nobbie1967 Posts: 1,666 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    tir21 wrote: »
    they all disagree but no one can explain why the deception that was perpetrated by shorade does not constitute fraud. I've pointed out to them many times what the definition of fraud is but tbey don't seem to be able to take it on board. Between us, I dont think they are tbe brightest sparks in the box to be honest

    You are correct in that fraud can be either making a gain or avoiding an obligation by deception, but it this case you have not established that the garage had an obligation which they avoided. To quote your earlier statement:

    "they did not admit causing damage but said they would replace headlight washer valve as a good will gesture"

    As it was a goodwill gesture they were under no obligation and so no avoidance of that obligation took place. Of course, if you had taken them to court and got a ruling that they were liable for the damage then they would potentially be acting fraudulently by bodging rather than replacing.
  • tir21
    tir21 Posts: 1,030 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    Mercdriver wrote: »
    No one has been defrauded. Being deceived or misled or being lied to doesn't mean you have been defrauded. They have not made any financial gain from what you say is deceit.

    you don't seem to know what defrauded means
  • tir21
    tir21 Posts: 1,030 Forumite
    Seventh Anniversary 500 Posts Combo Breaker
    edited 9 September 2017 at 10:34AM
    thanks nobbie

    i can't believe it took until post 49 to get a good answer

    but by shorade saying they would fix the problem there was then no need for me to take them to court to establish they caused the damage

    I'm of the opinion that it is so obvious they caused the damage I am prepared to accuse them of fraud without getting said ruling in court. You see when I collected the car there was powder and scratches around the near side headlight washer. three days later i notuced a massive leak. They did not point out any problem with the car when I took it in so they must take responsibility
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