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sue11

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  1. Thank you very much for the help and advice that everyone has given me regarding this issue. To update you, as there had been no contact from the garage by Saturday 23rd June, we put in a online claim via the small claims procedure. The garage had 14 days to respond to this and today they have sent me a letter offering settlement in full and final settlement of my claim. I had also claimed for administration and travel costs and the garage have agreed to pay these as well which is a final total of £256. I am delighted that they have agreed to settle as I did not really want to have to fight this all the way to court. Once again thank you all very much. your advice gave me the confidence to take this further, having looked at other forums damage to car paintwork at auto car washes seems very common and I guess that garages rely on most of the public dropping any claim before it goes much further. Needless to say I will be washing my car by hand from now on! Sue
  2. Oh yes, I have also sent copies of all correspondence by email some of which has been responded to by Murco. Therefore I can assume that emails have reached them as well as letters. Thanks Sue
  3. No I have not sent anything officially headed Letter Before Action. However I have sent them three letters during this issue, two of which gives them the deadline of 22nd June as the time that I expect to be paid. The first one giving this deadline was dated 2nd June and the second after they denied liability was dated the 12 June. Therefore I consider that I have clearly shown that I have given a reasonable deadline that I have asked to be recompensed by. I have also stated in the second letter that there will be no further contact before we take legal action. Many thanks Sue
  4. Thank you. I have a Merc SLK which has nothing to remove apart from the arial. I drove (carefully!) up to the arrow indicator light as I normally do and then when it changed to stop, switched off the engine and waited for the machine to do it's normal job. I don't think there was anything else that I needed to do, thinking about it there was a sound during the wash that did not seem quite normal but this may be my mind attempting to find a recollection that was not really there, I am not sure so would not try to suggest this in any legal action! Pkus I have used this car wash on previous occasions without any issues so it was relatively familiar to me. Many thanks Sue
  5. Thank you, I hope so too. They have already refused to pay, we have responded giving them until 22nd June to settle, this was reiterated from a date given on one of my earlier letters dated 2nd June. We have told them that there will be no further contact with them and we will take further action on this date. I hope that once they receive the small claims notification, they will pay up. I will keep you informed regardless. Many thanks Sue
  6. That is excellent, thank you for your quick response. I simply drove up to the arrow as I normally do as per instructions, the arrow changed to stop which of course I do so and turned off the engine. I think they may try to claim that I moved the car, but as I said I would have had to have driven forward and then reversed again to get 4 scratches before and after the wheel arches! Thank you very much for your help, I will keep you informed of my progress. Sue
  7. Hello Martin 3030, thank you for your response. Yes I have emails and letters from them, intially asking for the quotes, then advising they are investigating and finally denying responsibility stating that they equipment has been tested and found to be working correctly. I have kept all copies of communication. We also have a few photos which clearly shows the damage to the car before it was repaired. For information, the earlier post I mentioned was responded to by yourself! Many thanks Sue
  8. Hello to all, I am new to this site and would appreciate any advice that you may have regarding my legal rights. I put my car through a car wash which included the wheel scrub, I have used this auto wash a few times previously with no problems. On returning home my other half pointed out large circular scratches on the paintwork behind the wheel arch of the front tyres and before the wheel arch of the back tyres (on the sides of my car), 4 sets of scratches in all. This damage appeared to have been caused by the wheel scrub missing the wheels of my car as it went through the wash process. My other half took photos of the damage and we have kept the receipt from the car wash. I wrote to the garage (Murco) advising them of the problem and they wrote back asking me to get 2 repair quotes. Given their response at this point, I thought it was all going to be a straighforward process. I obtained 1 quote from my local garage which seemed reasonable and wrote back asking if they wished to pay this directly or if they wished me to pay and then would recompense me. I heard nothing back and on contacting them again, they just advised me that they were investigating the incident. After waiting a few more days, I wrote to Murco stating that I was unwilling to leave my car in this state and I was going ahead with the repair using the local garage. Once again I asked them how they wished to settle the bill. I did not hear back from the company and went ahead with the repair assuming that they would settle, given that they had asked me for repair quotes. A few days later, I then received a letter advising that they had found nothing wrong with the car wash, denying liability and pointing out their disclaimer notice which states owners take their cars to the car wash at their own risk. I can understand that the garage cannot expect to be held liable for damage that may be caused due to the actions of drivers, but in my case my car was damaged due to the machine not working properly. We have advised Murco that they have until 22nd June to settle my bill (£150 for repair to the paintwork) or I will take further action to recover my money. Can anyone advise me on the likelyhood of any legal claim succeeding? I have been on various sites where owners have suffered damage to spoilers etc and they have been advised that owners have no rights due to the disclaimer notices. However I saw an earlier post on this site in which the person posting suffered the same type of damage. The response given told the poster to keep photos and write to the garage. The poster did not respond to this response so I do not know the outcome, but this response gives me hope that Murco may have some liability in this case. I am not sure what defence Murco would offer apart from tryng to claim that I must have moved my car during the wash process. I turned the engine off when I used the car wash so I know this did not happen, also I would have had to have driven forward and then backwards to have caused the 4 circular scratches that appeared on my car both after and before the wheel arches on the sides of the car. I would be grateful for any advice. Many thanks Sue
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