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Claims for non-discharge of service after obtaining payment

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asked on Oct 1, 2017 at 23:25
by   Fiona92
edited on Oct 17, 2017 at 10:52
 
I would like to find out what are the possible claims and routes available for bringing an action against a negligent workshop vehicle repair mechanic.

The facts of the issue in question is as follows, my car had a problem after sending for car service it suddenly  halted in the middle of the road, one day after car service was carried out. When brought back to the Mechanic A, he claimed that nothing was wrong with the car after the service, so should not blame them for any fault in the car thereafter. Because it is in our hands after bringing out the car from the workshop. We could not, question him as we have no prove that it was linked to the negligence of the mechanic in fixing parts of the car here and there improperly or so on. And this Mechanic A said that the car suddenly can't be fixed back, and so on. It is very sudden and unlikely that after a car service, the car can just spoil like that and there is no negligence on the Mechanic which I doubt so. This is the first issue, that I would like to know if a claim can be brought against, for negligence and also prolonging the process of the repair but at the end of the day saying the car can't be fix.

Second issue, since the first mechanic could not carried out the repair, the car was shifted to another mechanic. Mechanic B. This mechanic, said that the car can be repaired but expenses need to be paid for new parts and stuff which was evidently paid, to the mechanic for months however until now the car is still at the workshop and still not repaired. When asked, the mechanic just kept quiet and keeps prolonging the whole ordeal. I would like to bring charges as over 20 thousand has been spend on this repair, and the Mechanic B is not carrying out his work. There is negligence, fraud and scam. I have evidence of the payment being made to the Mechanic B. As this is a company car. Payment has been made by the company for quite some time now around 10 months. Thus, I would like to request for legal opinions and advice on this matter, as it has created distress, because of the non-usage of the car to carry out work related tasks and also expenses, unnecessary costs.

And another thing to note, this mechanic is a foreigner from Sri Lanka. Not local. He may anytime just go back to his country to avoid any legal compensation. Thus, it is a claim against a foreigner for fraud, scam negligence. Please advise. 
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answered on Oct 2, 2017 at 05:12
by   MechanicBigC
First time car driver?
Regular service?
Maintenance service?
Repair service?

Elements of incorrect accusations of fraud and scam which could not be proven.

No need 10 mths, 2 weeks things can happen over sloppy work.

Take note that by suing your mechanic who maybe an illegal worker, you can be charged in immigration court for not only having knowledge , harbouring a illegal worker plus sustaining an illegal business.
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