ChatterBank1 min ago
Can I Bring A Mechanic To Court
22 Answers
for improper fitting of a very expensive clutch and flywheel
Answers
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Whenever you suffer loss or damage through the negligence of another person you have the right to demand compensation and, if necessary, to pursue that demand through the courts.
However a court would not normally consider ruling in your favour unless you'd already submitted a formal written demand for compensation to the person whom you were claiming against (and that demand had been rejected or ignored).
So your first step should be to write a formal letter demanding compensation. Your letter must show your name and address, and that of the person whom you are claiming against. (If the business is run as a limited company the claim must not be against a named individual but addressed to 'The Company Secretary' instead). The letter must also be dated and (preferably) sent by Recorded Delivery, making sure that you retain a copy.
Your letter should include the words 'Demand for Payment', stating the amount demanded and the reason for the demand. It should also state that, if payment is not received within a specified period of time (I suggest 14 days), you will commence court action.
If you don't get satisfaction, you can commence court action online:
https:/
Chris
However a court would not normally consider ruling in your favour unless you'd already submitted a formal written demand for compensation to the person whom you were claiming against (and that demand had been rejected or ignored).
So your first step should be to write a formal letter demanding compensation. Your letter must show your name and address, and that of the person whom you are claiming against. (If the business is run as a limited company the claim must not be against a named individual but addressed to 'The Company Secretary' instead). The letter must also be dated and (preferably) sent by Recorded Delivery, making sure that you retain a copy.
Your letter should include the words 'Demand for Payment', stating the amount demanded and the reason for the demand. It should also state that, if payment is not received within a specified period of time (I suggest 14 days), you will commence court action.
If you don't get satisfaction, you can commence court action online:
https:/
Chris
>>>do i need solicitor
No. (If you did, there wouldn't be an online claims procedure, available to all).
>>>what kind of proof do i need to provide
A written statement, from a qualified mechanic, making it clear that the only (or most probable) cause of the fault is poor workmanship (or the use of a poor quality part). You might find it best to type out the statement yourself (having acquired all of the relevant information from the mechanic, and then get him to sign it:
e.g.
"I am a qualified vehicle technician, holding City & Guild certificates relating to course numbers 1234 and 5678 in vehicle maintenance. I have worked for 32 years as a motor mechanic, running my own business (as Ace Mechanics of Swindon) for the past 24 years. I am also a registered MoT examiner and I have extensive experience in fitting, and assessing the condition of, vehicle clutches.
I have this day, Monday 10 June2013, inspected the clutch of vehicle registration number AB 12 XYZ (a red Ford Fiesta Coupé) at the request of Mr T Driver. This inspection was carried out both by physical examination of the part and through driving the vehicle to assess the performance of the clutch.
My test drive of the vehicle showed that there was clearly a fault with the clutch, or with its fitting, or with both. This was evident through judder whenever the clutch was used, together with related grinding and squealing noises.
Physical examination of the part showed that it was:
(a) not manufactured by Ford ;
(b) not the correct part for the vehicle as listed by the actual manufacturer of the component, Unipart; and
(c) incorrectly fitted when compared to the instructions which appear both in the Ford manual for this type of vehicle and in the Haynes manual for it.
In my professional opinion, the company which supplied and fitted the clutch provided Mr T Driver with a service which fell well below an acceptable standard within the motor trade.
Signed, A. Mechanic"
No. (If you did, there wouldn't be an online claims procedure, available to all).
>>>what kind of proof do i need to provide
A written statement, from a qualified mechanic, making it clear that the only (or most probable) cause of the fault is poor workmanship (or the use of a poor quality part). You might find it best to type out the statement yourself (having acquired all of the relevant information from the mechanic, and then get him to sign it:
e.g.
"I am a qualified vehicle technician, holding City & Guild certificates relating to course numbers 1234 and 5678 in vehicle maintenance. I have worked for 32 years as a motor mechanic, running my own business (as Ace Mechanics of Swindon) for the past 24 years. I am also a registered MoT examiner and I have extensive experience in fitting, and assessing the condition of, vehicle clutches.
I have this day, Monday 10 June2013, inspected the clutch of vehicle registration number AB 12 XYZ (a red Ford Fiesta Coupé) at the request of Mr T Driver. This inspection was carried out both by physical examination of the part and through driving the vehicle to assess the performance of the clutch.
My test drive of the vehicle showed that there was clearly a fault with the clutch, or with its fitting, or with both. This was evident through judder whenever the clutch was used, together with related grinding and squealing noises.
Physical examination of the part showed that it was:
(a) not manufactured by Ford ;
(b) not the correct part for the vehicle as listed by the actual manufacturer of the component, Unipart; and
(c) incorrectly fitted when compared to the instructions which appear both in the Ford manual for this type of vehicle and in the Haynes manual for it.
In my professional opinion, the company which supplied and fitted the clutch provided Mr T Driver with a service which fell well below an acceptable standard within the motor trade.
Signed, A. Mechanic"
>>>the mechanic was through my brother, it not a company,
Well change 'company' to 'mechanic' in my sample letter (and, of course, replace my draft text with the actual facts), and my reply still stands.
i.e. you need to get an independent competent mechanic to provide you with a written report about the clutch.
Well change 'company' to 'mechanic' in my sample letter (and, of course, replace my draft text with the actual facts), and my reply still stands.
i.e. you need to get an independent competent mechanic to provide you with a written report about the clutch.
-- answer removed --
>>>is it costly to bring to court
Court fees:
https:/
>>>can i use my insurances free 60 mins of mechanic assessment to do it
Since I've not read the small print in your insurance policy, I can't answer that - but it's worth asking your insurer if the cover applies in your situation.
Court fees:
https:/
>>>can i use my insurances free 60 mins of mechanic assessment to do it
Since I've not read the small print in your insurance policy, I can't answer that - but it's worth asking your insurer if the cover applies in your situation.
Tops, the clutch is either out of line, oil on the spinner disk ( Clutch) the clutch is self adjusting & of fluid type, I don't think there are problems regards the Bleeding or the Clutch Cylinder, regards taking him / her to court, you are pissing in the wind here, what advice did you seek regards the Clutch & the components? If you where misinformed & you have this in writing, the onus is on the Components supplier, but if the mechanic had good knowledge, he / she should have known before fitting.
-- answer removed --
well as far as bringing mechanic to court, i dnt know if that can happen now as my brother said he doesnt really know him, i will assess exactly the problem before proceeding with anything, the problem with the clutch, is say i have the car running the usual press the clutch to put in gear doesnt work, but it goes into gear when clutch pedal is left, and attempts to engage to roll forward when pedal is pressed
Tops, please do not take offence, the car seems to have given you trouble going back a few months & it must be costing you a small fortune?? If I can offer you some money saving advice, If intending to purchase another car, take a proper mechanic with you, each time you seem to come on there are either problems with the C.O. Coolant, now this, money is tight no matter where / who we are, you have paid money to get this Clutch assembly fitted, I would have thought by a person that knows what he's doing, on the BMs the clutch is a straight forward job, time given an easy job depending on the fitter, I would ask this person to put the job right.
-- answer removed --
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