I would proceed as follows ;
1. Send the garage a cheque for about 50% of the bill on a without prejudice basis and with a denial of any liability to pay. I would endorse that specifically on the back of the cheque.
3. I would send the cheque, payable to the garage, to their solicitor on the basis that I have a counter-claim for breach of contract and or negligence in or about the inadequacy of the service and repairs rendered.
I would also add that I reserve the right to make any other complaints.
4. I would specifically deny any intent to obtain services improperly or to deprive the garage of their just entitlements, if any, as ultimately judged by a court or agreed by the parties.
5. I would contact BMW Ireland and make my disgruntlement known in no uncertain terms.
6. Depending on what happens with BMW Ireland I would consider having the vehicle examined and reported on by a competent automotive engineer who would be able to give evidence in court of any inadequacies or
deficiencies discovered.
P.S. It might be a good idea for the customer to engage her own solicitor now unless she is going to go the Small Claims Court route. That option might be negated if the garage issues proceedings in the District Court.
What should my neighbour do as she received a very threatening letter from BMWs solicitor giving her 7 days to pay?.Otherwise they will refer this matter to AnGarda Siochana for investigation under S.4 of the Criminal Justice Act 2001 and institute District Court proceedings for sum owing.
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