Rockpaperscissors
Member Since: 23 Apr 2011
Location: Somewhere South North of Cardiff
Posts: 799
  
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Hi
Are there any legal gurus on here that would be willing to give me some advice please.
My car went into a local Detailer, he had it for 3 days..long story short. He ended up blowing my Battery, alternator and in-line fuse £994 worth. I’ve spoken to his insurance company who couldn’t give two  as they only cover for valeting & detailing. I’ve asked for a refund of the detailing. My Indy that repaired it is writing a full statement as to how the damage occurred for me.
Would my next steps be a small claims court?
Any help is appreciated 2010 D4 XS
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 18th Jul 2019 10:10 am |
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LIAMMCL
Member Since: 27 Aug 2013
Location: Northumberland
Posts: 404
 
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I'm no expert and couldn't possibly help with the legal side.... but could I make an uneducated guess that they tried to jump it with the wrong polarity?
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| 18th Jul 2019 10:20 am |
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Brian_DL13
Member Since: 25 Aug 2013
Location: Teesdale
Posts: 1418
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IANAL but yes, small claims court would be what I'd do - but first send them a letter recorded delivery detailing the claim and say that unless they pay it within a reasonable time frame (14 days ?) you will be taking it to the SCC. And you shouldn't deal with his insurance company at all - your claim is on the detailer, not their insurer.
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| 18th Jul 2019 10:30 am |
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Narpy
Member Since: 18 Jul 2011
Location: Stockport
Posts: 7830
 
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Nightmare scenario. 
I hope you get it resolved quickly and amicably, nobody needs that stress in their life. Mods:
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| 18th Jul 2019 11:22 am |
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Rockpaperscissors
Member Since: 23 Apr 2011
Location: Somewhere South North of Cardiff
Posts: 799
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Brian_DL13 wrote:IANAL but yes, small claims court would be what I'd do - but first send them a letter recorded delivery detailing the claim and say that unless they pay it within a reasonable time frame (14 days ?) you will be taking it to the SCC. And you shouldn't deal with his insurance company at all - your claim is on the detailer, not their insurer.
Solicitor letter or my own typed letter?
I want to try and stay as amicable as possible I’ll even go to mediation if it’s needed but I think it’s going the way of the courts.
@Brian yup they jumped a total of 6 times first 3 times in his garage the other 3 on my drive as it broke down before I got home.
One bright note that came out of it was the Indy said it run better and quicker than his 64 plate  2010 D4 XS
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| 18th Jul 2019 12:58 pm |
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Gary_P
Member Since: 03 May 2016
Location: Kent
Posts: 1521
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This link from Money Saving expert website on using the small claims court system is pretty good. Might help you. Don't think it is particularly difficult, just time consuming.
https://www.moneysavingexpert.com/reclaim/small-claims-court/ Gary
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| 18th Jul 2019 2:07 pm |
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Brian_DL13
Member Since: 25 Aug 2013
Location: Teesdale
Posts: 1418
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Rockpaperscissors wrote:Brian_DL13 wrote:IANAL but yes, small claims court would be what I'd do - but first send them a letter recorded delivery detailing the claim and say that unless they pay it within a reasonable time frame (14 days ?) you will be taking it to the SCC. And you shouldn't deal with his insurance company at all - your claim is on the detailer, not their insurer.
Solicitor letter or my own typed letter?
I want to try and stay as amicable as possible I’ll even go to mediation if it’s needed but I think it’s going the way of the courts.
@Brian yup they jumped a total of 6 times first 3 times in his garage the other 3 on my drive as it broke down before I got home.
One bright note that came out of it was the Indy said it run better and quicker than his 64 plate
As long as you're confident in your ability to put it together, a DIY letter is fine (you'd not be able to reclaim the solicitor's costs).
Arbitration is routinely the first stage of a SCC claim these days, I believe.
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| 18th Jul 2019 4:04 pm |
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aja4x4
Member Since: 14 Apr 2019
Location: Westbury
Posts: 2459
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All decent detailers have public and accident damage insurance because sometimes things go wrong.
Look out for free legal clinics in your area, these are run by local solicitors who give you free legal advice.
I have used them twice once they helped me draught a letter and on the second occasion i was charge £50 for them to write a letter and send it out. On both occasions i was paid without going to SCC
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| 18th Jul 2019 5:43 pm |
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Russell
Member Since: 24 Aug 2007
Location: Kent
Posts: 10564
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As I said in your other post, I feel for you but think the detailer was not necessarily to blame
I would suggest that it is more like the doors were open for the valet and the battery has gone totally discharged as it is old, when it was jumped and you drove it home the alternator has been cooked trying to rechanrge a discharged battery.
My expirience is when battery is that low, use a good quality charger to re-charge the battery to a half decent level at least befor you try to get the alternator to do the rest of the job. Thumbs Up
You may well be lucky and get somthing out of them but I would suggest they will push back as much as they can MY17 D5 1st Edition Namib Orange
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| 18th Jul 2019 5:54 pm |
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BBDisco3
Member Since: 23 Nov 2008
Location: Cheshire
Posts: 3640
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Check your home and motor insurance policies for "Legal Expenses" cover.
That could provide all the advice and financial funding you need to pursue the matter.
Going down that route could save the need for you to write any letters or be involved in court costs. 
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| 18th Jul 2019 5:59 pm |
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aja4x4
Member Since: 14 Apr 2019
Location: Westbury
Posts: 2459
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As Russell says you do have to be sure that the problem was caused by the detailer.
It does seem that when the alternators fail on these cars they short the battery out which would explain the exact fault you had.
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| 18th Jul 2019 6:03 pm |
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Rockpaperscissors
Member Since: 23 Apr 2011
Location: Somewhere South North of Cardiff
Posts: 799
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Russell wrote:As I said in your other post, I feel for you but think the detailer was not necessarily to blame
I would suggest that it is more like the doors were open for the valet and the battery has gone totally discharged as it is old, when it was jumped and you drove it home the alternator has been cooked trying to rechanrge a discharged battery.
My expirience is when battery is that low, use a good quality charger to re-charge the battery to a half decent level at least befor you try to get the alternator to do the rest of the job. Thumbs Up
You may well be lucky and get somthing out of them but I would suggest they will push back as much as they can
So the fault would still lie with him for allowing it to discharge that low. Common sense really would say that if the dash board was telling him to start the engine he should have ? 2010 D4 XS
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| 18th Jul 2019 6:14 pm |
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Rockpaperscissors
Member Since: 23 Apr 2011
Location: Somewhere South North of Cardiff
Posts: 799
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Thanks for all the advise all. We’ll see what happens. 2010 D4 XS
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| 18th Jul 2019 6:15 pm |
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geoffsnook
Member Since: 13 Jun 2014
Location: south wales
Posts: 3169
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So the fault would still lie with him for allowing it to discharge that low. Common sense really would say that if the dash board was telling him to start the engine he should have
But if the detailer can prove he does not have issues with the other cars he valets and yours is the only one he has had a problem with then maybe the issue was the battery on your car and not his fault the battery was not in a fit state and yes he should have charged it but if you ask any valet people i bet they don't they just jump them at the end of the valet Discovery 3 se gone
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| 18th Jul 2019 6:29 pm |
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Russell
Member Since: 24 Aug 2007
Location: Kent
Posts: 10564
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No one is saying the detailer is possibly not to blame to some degree but how much is the issue.
As for detailer knowing the battery is low and needs to start car, they were detailing your car and probably to busy to notice that
Finally in your other post you state the battery was the original and from 2010, I would say you have got away very light if that is the original battery on a Disco, every 3/4/5 years they generally need replacing from what other on here have said, so to get 9 years is good going
Best of luck and let us know how you get on MY17 D5 1st Edition Namib Orange
MY15 D4 HSE Kaikoura Stone
MY12 D4 HSE Nara Bronze Sold and gone
MY11 D4 HSE Stornaway Grey Sold and gone
D3 S spec Silver Sold and gone
Tow bar, full length roof bars, side steps, tow bar storage unit, surround camers.
D4 camera club
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| 18th Jul 2019 6:43 pm |
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