Can I claim for damages against a car repair firm for refusing to honour their 2-year warranty?

Mildly_Miffed

By the way, if you're claiming that the vehicle was in a dangerous condition... you would be guilty of dangerous driving for continuing to drive it... Especially if you knew or believed it to be.

https://www.legislation.gov.uk/ukpga/1988/52/section/2A

Subsections 2 and 3

(2) A person is also to be regarded as driving dangerously for the purposes of sections 1, 1a and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3)In subsections (1), (1b) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver or constable (as the case may be) in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

redped

Imabitmythedreally said:

redped said:

Imabitmythedreally said:

redped said:

Imabitmythedreally said:

Eventually, I got a response from their EXEC office that they would get the repairs done and a belated provided a hire car

They've agreed to fix the exhaust, which is all you can expect. Why the need for a hire car? Surely the exhaust can be fixed in (say) an hour or so?

Imabitmythedreally said:

how I go about claiming for direct and consequential losses if they refuse an out of court settlement

Settlement for what? What losses have you incurred?

Imabitmythedreally said:

It could have so easily been a serious accident on a smart motorway   

But there was no accident. Don't be so dramatic.

See my comment below about being 'dramatic'. Shame on you

You still haven't said what losses you have incurred.

Again, there was no accident.  Could have, might have been, etc. don't count for anything, especially when you gave the bare amount of info and then drip feed more details when you don't like what people have said.  So no shame on me.

I have no problem about what people say, but I do have a problem with people who arr quick to opinionate when they are ignorant. I appreciate you taking the time to respond but no need to add any more. Thank you.

Maybe if you gave all the the details up front then I might not be so "ignorant".  As has been said, you posted on an open forum, so unfortunately you don't get to say who can, and can't, add any more.

For the third time, I'll ask what losses have you actually incurred?  What damages are you claiming, as per the title of the thread?

Imabitmythedreally

Mildly_Miffed said:

By the way, if you're claiming that the vehicle was in a dangerous condition... you would be guilty of dangerous driving for continuing to drive it... Especially if you knew or believed it to be.

https://www.legislation.gov.uk/ukpga/1988/52/section/2A

Subsections 2 and 3

(2) A person is also to be regarded as driving dangerously for the purposes of sections 1, 1a and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

(3)In subsections (1), (1b) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver or constable (as the case may be) in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

That's a fair point, but the exhaust was new when fitted by professional people in January 2023. Unfortunately, it was never well-fitted. For a non-mechanical person like me, I had, nor could I have had, any idea that a new exhaust would have a catastrophic failure. The fact that the company initially refused to honour the warranty when I first asked but then to do so only after I had followed up on my complaint, would indicate they knew that they were in the wrong. As to my original question, I was hoping to find out if others had had a similar experience and, if so, what the outcome was in their case. Again, litigation is not something I have had to do before, hence the nature of my question.