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  • FIRST POST
    • sharp910sh
    • By sharp910sh 4th Feb 18, 4:14 PM
    • 410Posts
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    sharp910sh
    Garage has damaged car
    • #1
    • 4th Feb 18, 4:14 PM
    Garage has damaged car 4th Feb 18 at 4:14 PM
    My car has been damaged by a garage. They have damaged the drive train when it was in for a leak in the differential. They are denying they have damaged the car, however luckily I have images before and after I took it to them. And the damage is very apparent.

    The cost to repair the damage is 2.5k.

    My plan is to take the garage is court for the cost of fixing damage they have done on the car.

    I think I can likely win the court case, however the garage has a bank charge on them for all their possessions.

    The charge states:

    "...by way of fixed charge, the benefit of all covenants & rights concerning the property & all plant machinery, fixtures, fittings, furniture, equipment, implements & utensils. The goodwill of any business carried on at the property & the proceeds of any insurance affecting the property or assets."

    Does this charge means if bailiffs do have to recover they will not be able to if the garage are unwilling to pay?
Page 1
    • Tarambor
    • By Tarambor 4th Feb 18, 4:21 PM
    • 2,711 Posts
    • 1,944 Thanks
    Tarambor
    • #2
    • 4th Feb 18, 4:21 PM
    • #2
    • 4th Feb 18, 4:21 PM
    What exactly is the damage? You're saying it is obvious but that doesn't tell us a lot. A leaking diff if it goes dry enough can cause damage to the drive train so without knowing what the damage is we can't say.

    What is costing 2.5k? That would cover changing a fair bit of the drive train and I find it hard to believe that no matter how much they cocked up fixing a leaky diff it would come to that even if the diff itself ended up dropping to bits as a result unless its a performance car with some kind of active diff.

    If there is an existing charge on their possessions then there's nothing you can claim if the bailiffs turn up and the garage has no money.
    • sharp910sh
    • By sharp910sh 4th Feb 18, 5:14 PM
    • 410 Posts
    • 188 Thanks
    sharp910sh
    • #3
    • 4th Feb 18, 5:14 PM
    • #3
    • 4th Feb 18, 5:14 PM
    Sorry didn't want to give detail but to summary:

    1. I took the car to them as it had a leaking diff, i previously had taken it to Audi on the same day and they stated the work would cost 700, they said they could do it for 250
    2. I gave the car to them to fix.
    3. I got back and they said the car was fine the leak had been fixed no issues. Once I got home I checked underneath the car and there was damage to the diff casing, damage to the drive shafts and damage to the prop shaft. Plus the oil was still leaking from the diff seals.
    3. I told them about the damage they said its fine, the damage is not an issue, the car is just rusty.
    4. I later realised that the car was vibrating at speed. I took is back to them and they said they would fix it. They said they will fix the prop shaft and the replace the drive shafts.
    5. After two weeks I got the car back and they literally did nothing other then do something to the prop shaft.
    6. I told the other garage to fix the issue again and they said they have no idea. So they said to send the car to another garage to see what the issue is.
    7. I took the car to another garage and they said it appears they have literally just smashed the drive train up. Clearly they have no idea what they were doing. Nor have they fixed the orginial issue. The cost to fix the car is 2500.
    8. I went back and emailed them and they said the car was already messed and they will see me in court.

    Before I took the car to them i did not have any issues with vibration. The only issue I had was a leaky diff which I caught as i was looking under the car. When I took the car to Audi they did not note any other issues.

    I am now wanting to go to court. But is there any point in going to court if it is unlikely to recover my money if they do not own any of their possessions.
    Last edited by sharp910sh; 04-02-2018 at 5:18 PM.
    • EdGasketTheSecond
    • By EdGasketTheSecond 4th Feb 18, 5:21 PM
    • 528 Posts
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    EdGasketTheSecond
    • #4
    • 4th Feb 18, 5:21 PM
    • #4
    • 4th Feb 18, 5:21 PM
    Too late now but most diffs are leaky (my merc's is); just top it up once a year; a lot cheaper than any other solution.

    I would imagine the bank charge is for security against a loan. Don't think it would stop you suing them or Bailiffs seizing goods otherwise every business would be going down that road.
    • sharp910sh
    • By sharp910sh 4th Feb 18, 5:45 PM
    • 410 Posts
    • 188 Thanks
    sharp910sh
    • #5
    • 4th Feb 18, 5:45 PM
    • #5
    • 4th Feb 18, 5:45 PM
    That's what I expected. The diff isn't the issue now. The issue is the damage to the drive shafts and prop shafts which is causing vibration at speed.
    • forgotmyname
    • By forgotmyname 4th Feb 18, 6:28 PM
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    forgotmyname
    • #6
    • 4th Feb 18, 6:28 PM
    • #6
    • 4th Feb 18, 6:28 PM
    What proof do you have that the driveshafts AND propshafts are all damaged?

    Strong thick metal tubes/bars which are not damaged easily.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • sharp910sh
    • By sharp910sh 4th Feb 18, 6:36 PM
    • 410 Posts
    • 188 Thanks
    sharp910sh
    • #7
    • 4th Feb 18, 6:36 PM
    • #7
    • 4th Feb 18, 6:36 PM
    I have pictures of the drive shaft caps mangled up and pictures of the prop shaft doughnut smashed up.

    It appears they used a crowbar or similar to try and get the drafts out.

    They even damaged the heat shields for whatever reason.

    It sounds crazy, as you wouldn't expect a garage to smash your car up. But they have literally smashed the drive train up due to their lack of care and skill.

    I am starting to think they decided to smash the car up because the were bored.

    I should have noted that this garage had Lambos and Ferraris being worked on while I was there.
    • Muscle750
    • By Muscle750 4th Feb 18, 7:50 PM
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    Muscle750
    • #8
    • 4th Feb 18, 7:50 PM
    • #8
    • 4th Feb 18, 7:50 PM
    So you took pics of the car prior to them working on it. When you say driveshaft caps i presume you mean dust caps on wheel hub? The propshaft joint if rubber and getting oil on it will fly to pieces no problem if dripping in oil for a period of time Heat sheilds are basically tin foil easily bent back into shape. The trouble is in the motor trade giving another garage a chance to rectify someone elses work gives them a chance to make a mountain out a mole hill ive seen it many times working in motor trade many years especially if its a main dealer
    • arcon5
    • By arcon5 5th Feb 18, 6:43 AM
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    arcon5
    • #9
    • 5th Feb 18, 6:43 AM
    • #9
    • 5th Feb 18, 6:43 AM
    Basically the bank have title over everything. Despite what the other member has said, it WILL stop the bailiffs taking anything as none of its owned by the garage.

    Also I'm still struggling to see how the garage have caused 2.5k of damage if all your talking about is a prop shaft and couple of drive shafts. Also struggling to see how they could have caused all this damage by resealing a diff.

    What car is it
    • usefulmale
    • By usefulmale 5th Feb 18, 7:11 AM
    • 2,392 Posts
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    usefulmale
    How did you find out about this bank charge?
    Signature removed by ForumTeam again
    • sharp910sh
    • By sharp910sh 5th Feb 18, 11:20 AM
    • 410 Posts
    • 188 Thanks
    sharp910sh
    On companies house website.

    The reason for the post is will the charge on the garage affect me if bailiffs want to recover goods? (assuming I win the case)
    Last edited by sharp910sh; 05-02-2018 at 11:26 AM.
    • Herzlos
    • By Herzlos 5th Feb 18, 11:41 AM
    • 7,014 Posts
    • 6,240 Thanks
    Herzlos
    The reason for the post is will the charge on the garage affect me if bailiffs want to recover goods? (assuming I win the case)
    Originally posted by sharp910sh
    Yes; the bailiffs can only remove goods the garage owns, which doesn't seem to be much.
    • k3lvc
    • By k3lvc 5th Feb 18, 11:52 AM
    • 2,159 Posts
    • 3,543 Thanks
    k3lvc
    On companies house website.

    The reason for the post is will the charge on the garage affect me if bailiffs want to recover goods? (assuming I win the case)
    Originally posted by sharp910sh

    IMHO a strange thing to check before deciding whether to make a complaint
    • sharp910sh
    • By sharp910sh 5th Feb 18, 2:49 PM
    • 410 Posts
    • 188 Thanks
    sharp910sh
    So it makes no difference. Well I will make a complaint only if there is chance I will get my money.

    There is no reason to spend loads in legal and caught cost if they have no money to pay...
    • arcon5
    • By arcon5 5th Feb 18, 5:10 PM
    • 13,505 Posts
    • 8,574 Thanks
    arcon5
    On companies house website.

    The reason for the post is will the charge on the garage affect me if bailiffs want to recover goods? (assuming I win the case)
    Originally posted by sharp910sh

    Yes
    The items are secured against a loan so bailiffs will only get any remaining proceeds after the bank has been paid.
    • forgotmyname
    • By forgotmyname 6th Feb 18, 9:06 AM
    • 26,834 Posts
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    forgotmyname
    Driveshaft caps are damaged a 3.89 part? Not the actual shafts?

    And a donut 30 ish?

    Struggling to see the 2500 worth of damage? Not a Veryron is it?

    And you can prove they mangled the donut and its not just failed through wear and tear and age?
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • sharp910sh
    • By sharp910sh 6th Feb 18, 9:33 PM
    • 410 Posts
    • 188 Thanks
    sharp910sh
    Its an Audi my friend. I need a new CV boot on the differential end. New prop shaft and they do not sell the prop shaft doughnut. Have a look yourself.

    - Damage to prop shaft
    - Damage to drive shafts
    - Damage to heat shields
    - damage to differential casing
    - redoing the oil in the diff and haldex plus seals
    • DoaM
    • By DoaM 6th Feb 18, 10:03 PM
    • 4,262 Posts
    • 4,305 Thanks
    DoaM
    IMHO a strange thing to check before deciding whether to make a complaint
    Originally posted by k3lvc
    Really? OP isn't looking to make a complaint, they're looking to make a claim. As such checking up on the defendant's ability to pay is actually good due diligence.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • arcon5
    • By arcon5 7th Feb 18, 6:05 AM
    • 13,505 Posts
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    arcon5
    Ok... any specifics on what car it is?

    If your replacing the drive shaft and differential then you won't need new boots and seals.

    Any photos?
    • sharp910sh
    • By sharp910sh 9th Feb 18, 9:40 PM
    • 410 Posts
    • 188 Thanks
    sharp910sh
    Its and Audi TTS 2008.

    Depending on the amount of damage I either need new drive shafts or just the cv boot with cap
    Last edited by sharp910sh; 09-02-2018 at 9:43 PM.
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