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Garage destroyed my engine

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  • Stoke
    Stoke Posts: 3,182 Forumite
    DELLBOY wrote: »
    so a car with a blown head gasket went into a garage ,worth scrap money really ,and some people expect it to be worth £1100 really ?

    Basically.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DELLBOY wrote: »
    so a car with a blown head gasket went into a garage ,worth scrap money really ,and some people expect it to be worth £1100 really ?

    No one has said that they expect the original car to be worth £1100. I was referring to the replacement car based on what OP could claim for damages + the additional fee he's being asked to pay. I already explained how damages would be assessed in law, it wouldn't be for the value of the car with a blown head gasket and the range I gave was £900-1200 depending on circumstance.

    However, the point of my post wasn't to attribute an accurate value to the merc, it was to give stoke an idea of what price the OP is actually paying for the vehicle - not the ridiculous sum of £250 he originally thought.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 19 September 2017 at 5:16PM
    No one has said that they expect the original car to be worth £1100. I was referring to the replacement car based on what OP could claim for damages + the additional fee he's being asked to pay. I already explained how damages would be assessed in law, it wouldn't be for the value of the car with a blown head gasket and the range I gave was £900-1200 depending on circumstance.

    However, the point of my post wasn't to attribute an accurate value to the merc, it was to give stoke an idea of what price the OP is actually paying for the vehicle - not the ridiculous sum of £250 he originally thought.
    But your wrong. It would be the value with head gasket failure.
    Market value would be assessed based on like for like vehicles, thus similar faulty cars.
    Ok did not have a working car before. Just a different level of damage
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    arcon5 wrote: »
    But your wrong. It would be the value with head gasket failure.
    Market value would be assessed based on like for like vehicles, thus similar faulty cars

    The primary position in law is to put them into the position they would have been in had the contract been performed correctly/had the breach not happened.

    Only IF that isn't possible, will they seek to put the OP back into the position they would have been in had they not entered the contract.

    So thank you, but I wasn't wrong. I covered all this in my first reply. How the primary position would take account of the money he was due for the repair but the secondary position wouldn't.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    The primary position in law is to put them into the position they would have been in had the contract been performed correctly/had the breach not happened.

    Only IF that isn't possible, will they seek to put the OP back into the position they would have been in had they not entered the contract.

    So thank you, but I wasn't wrong. I covered all this in my first reply. How the primary position would take account of the money he was due for the repair but the secondary position wouldn't.

    Except they can't put op in a position of completion. And they have a right to mitigate their losses. As such they would be perfectly within their rights to offer market value - being the value of the FAULTY vehicle.
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