Consumer Rights: MoneySavingExpert.com discussion

custardy

ooh slipping into text speak
what will the clients think

pendulum

custardy's link was so good that it deserves a repost

http://forums.moneysavingexpert.com/profile.html?do=addlist&userlist=ignore&u=238406

ken_1969

Originally posted this in the motoring forum and someone suggest I re-post it here.

My Alfa Romeo 156 had an engine failure in November last year and I brought it to my local "Alfa specialist", Deenes in Walton-upon-Thames (ie, not an Alfa Romeo garage but a generalist that claims some Alfa expertise).

Deene's offered to replace the engine with a second hand engine from a scrapped Alfa for £1,200 inc labour. Frankly it seemed a cheaper option than scrapping the car and replacing it - but only marginally so.

They acquired a scrap engine and fitted it but while they were fitting and testing they found some other issues with the car like the clutch needed replacing. This increased the cost to £1,500 inc parts and labour.

However once they put everything back together the "new" engine they put in also turned out to be faulty. They claimed that the scrap dealer who provided them the engine was liable and having already done the labour they were reluctant to repeat the effort, so instead sent my car to the scrap dealer for them find another scrap engine and fit it.

During this time Deene's provided me with a loan car - a rather beat up old Honda Civic which has also had some problems of it's own, but at least I have not been completely without transportation.

However, there then followed about two months where I was told different stories by my garage and the scrap provider about when the car would be ready, taking us up to Christmas 2009. Additional parts were needed apparrently (although I wasn't charged for these) but because of the severe weather there were delays after delays, resulting in my not getting the car back until February 2010, nearly four months later.

I then drove the Alfa to work perhaps three times - a total of about 50 miles. On the third day when I went back to the car to drive home it failed to start.

I called out the AA who advised that the engine appeared to be "jammed" or "frozen" and would not turn over. I had them take the car back to Deene's who used some type of "endoscopic camera" to find out that the "con rods" had snapped which they put down to another bad engine.

They therefore sent the car back to the scrap dealer to again replace the engine. The scrap dealer is now arguing that it is not possible for the con rods to have snapped in this way and are blaming Deene's for doing something untoward to the car.

The scrap dealer are claiming there was no oil or water in the car when it was returned to them, which seems unlikely - I could not imagine driving even 50 miles with no oil or water without some kind of warning sign or the car overheating but again I'm no car expert. Certainly I would not expect to have to check the oil and water within a week of gettting my car back from the garage.

It's now five months that I've been without my car with no end in sight.

Deene's have taken £1,500 from me and have failed to deliver what was asked of them in a reasonable time. The engine certainly was not good under the sale of goods act. They of course are blaming the third party scrap dealer and vice versa, but as far as I am concerned my agreement was with Deene's, and that is who I have paid.

At this stage my ideal scenario would be to just write the whole thing off and get my money back as I have no faith in either Deene's, the scrap dealer, or for that matter my Alfa.

What are my rights as a consumer? Am I within my rights to ask for my money back? If so, would I only be able to claim back what I've paid for parts or also for the labour. Deene's are no doubt going to argue that they did the work in good faith to fit the engine originally not knowing that it was faulty. Also they will I'm sure argue that additional parts like the clutch they fitted are also fine and therefore I should pay for them whether the car har has a working engine or not.

How would I pursue this legally? Any advice would be much appreciated as I am at my wit's end.

Thanks,

Ken

custardy

did the garage source the engine in the first instance?

ken_1969

custardy wrote: »

did the garage source the engine in the first instance?

The garage sourced the engine from the scrap dealer and fitted it. When the engine failed they then had the scrap dealer find another engine and fit it themselves.

custardy

well for me that doesnt matter
you paid the garage to replace the engine
how the did it and what engine they sourced is their problem

others will provide the full legal recourse but i wouldnt be dealing with the scrappy at all
your issue and contact is the original garage
from now you should be making all communication by recorded letter

Optimist

Stop messing about, your contract is with the garage, the scrapyard is a irrelevance.

Send them a recorded letter making reference to The Sale Of Goods Act and that the repair/goods were not fit for purpose and you either want a full refund or the car repaired to satisfactory standard.

Give them 7 days and then if no response/action raise a action in the small claims court for your money back and any reasonable cost you have incurred because of their breech of contract

You can raise the claim online if you wish and you will find its a relatively easy process.

ken_1969

Thanks - I have now sent a letter by recorded delivery with reference to the sale of goods act stating that I am giving them a week to either remedy the fault or provide a full refund, or else I will have no choice but to take it to the small claim court.
Will keep you posted as to my progress.

wiggythecat

Hi all, really hoping someone can help me.
On Dec 22 2009, I sent some documents to Australia using Parcel Force, Global express. The documents needed to be there before 31st December and as it was snowing and christmas was nearing, I phoned the depot in Milton Keynes to check that they would get there on time. I was told the service usually takes 3 days but because of the above, it may take 5 but would definatley get there before the 31st, so I paid the £57 and sent them.
16 days later, the documents arrived in Australia.
I put in a claim, only to be told, that Global express claims must be received within 15 days (even though the documents took 16 days)! I then wrote a letter, telling them I wasnt satisfied, which they have ignored, so I sent another one, telling them I was disgusted and wanted my money back and would take this further, still I have been ignored.
Problem is, I don't really know how to proceed with this, is they are going to carry on ignoring me, if anyone has any ideas, I would be very grateful.
Lisa

jaybles

Hey guys

I bought an Apple iPod Charger from HMV. I've opened it up and tried it at home but now I want to return it. The packaging is still there (except I accidentally ripped off the 'hook' that connects it to the shelf), with a few finger marks, and the item is still intact and fine. I really don't want to exchange this for another iPod charger, which is what I'm told they will make me do, so what can I say to them so that I can get a refund or at least a store credit?

Thanks!