Tuesday, November 22, 2011

Please help me? need legal advice with court?

This is my story, and having trouble shortening it for my plaintff statement for small claims court. I appreciate any help.


Thank you.





At approximately 11:30 am on July 30 of this year, we brought our vehicle, a 2001 PT Cruiser, to your garage and asked you to service it. You quoted us $450 cash for your labour to change the head gasket, with us purchasing the parts and bringing them to you.





On the evening of July 30, we returned to your shop to retrieve something from our car that we had forgotten. We saw that our drivers side window was down, partially covered with a garbage bag. We came to retrieve a bag of garbage that we had forgotten. However, we couldn't, because one of your mechanics had dumped the bag of garbage in the backseat of our car in order to use the bag to cover the window. We cleaned up the garbage, and attempted to re-cover the window.





On the morning of July 31, we spoke with one of your mechanics about this, and expressed our unhappiness and request to have the window up or the car taken into the shop before the long weekend. We were assured this would be done.





Imagine our furiousity when we visitied your shop on August 3, to find our car in the same spot, still with the drivers side window down. Now, not to mention that it rained heavily the whole weekend, and here is our car sitting wide open. It was also at this time that we realized, that a few items such as our Eliminator battery charger, tool bag with pipe wrenches and other hand tools, as well as refrigeration guages were stolen from our car. No doubt, from being left open all weekend.





On Tuesday August 4, we contacted you, and expressed our unhappiness once again. You apologized and told us you would take care of the window and continue working on our car. A week passed, and on August 11, we contacted you once again, where you told us the timing belt and cylinder head needed to be replaced and that you needed more time.





On August 18, you contacted us to tell us that the fan motor now needs to be replaced. We refused and said we take care of it ourself, at this point we just wanted our car back in our hands. You required us to pay another $250 cash in order to release our car, (we paid $150 cash and paid $100 Visa) with an agreement to leave you a postdated cheque dated for Thursday August 20, 2009 in the amount of $350. We did so, in order to retrieve our car, cancelling the postdated cheque immediately.





Upon leaving, we noticed that our car no longer had power steering, a problem in which it did not go in with. We parked our car for the day and also removed the fan motor. We took it to Speedy Starter and Alternator Rebuilders at 22 Westney Road, for testing. After testing with direct power, we were informed the fan motor worked fine and that there was nothing wrong with it.





Our next step of action, was taking our car to Canadian Tire for diagnostic testing, where we were told the previous mechanics did extensive damage to the timing belt, power steering lines and pump, upon reinstalling the engine. Please see attached Canadian TIre Work order.





We are requesting that you make good on the faults your company made, we are requesting you to cover the total cost of the damages to our vehicle. Please respond to this letter within 10 business days, in order to prevent further action in Small Claims court.





Regards,Please help me? need legal advice with court?
If you need legal advice, you should call a lawyer.

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