Unbelivable...

herbert_goon

Hi group.


My motive for posting is this: I have to assume I am going to have a
battle with a customer service dept and don't want to end up looking
very silly.

I will keep it as brief as I can.

3 weeks ago the brakes on my car partially failed (whilst stationary
thank goodness). Not being a mechanic of any sort I called out the AA
and they very kindly put my car on a flatbed truck and drove it to the
local branch of a national brake and tyre place. Then staff were
friendly and carried out a standard free brake inspection. The next day
I was informed a brake hose needed replacing - I asked for a quote and
was told the manager would contact me on the Monday. Monday came and I
was informed the job couldn't be done in isolation and £570 of work
was needed (i.e. change all the brakes - apparently this is a common
thing with this establishment!). I said that the car would not be worth
repairing in that case. The "manager" said that he knew someone who
could dispose of it and he would get in touch. I wanted to do
everything properly with regards to the V5 documentation. I heard
nothing for a week.

10 days ago I saw my car parked in a residential street (on the highway
itself). I thought this was most odd, so grabbed my spare set of keys
to check it. It had been cleaned on the inside. I started it up
(thinking the brakes must be fixed for it to get there). The brakes
appeared to be fixed. Also the wheel alignment had apparently been
corrected (it was previously quite bad). So I drove it back home - 0.25
miles - and very sheepishly.

I phoned the establishment. I asked if there had been any progress on
the removal - I expected to pay a £25 recycling fee and deal with the
documentation etc. I was told they still had the car. Upon mentioning
that they didn't all I heard was "umm ummm ummm". I went round to the
establishment - after all they still had another key for the car, and
as I am on the V5 I am legally responsible for the vehicle in terms of
fines, insurance, roadworthiness etc. It was of course not there. I
later received several phone calls informing me that the car was unsafe
to drive as the brakes had been fixed with "a botch job but I know what
I am doing" - apparently half the braking system had been shut off with
a clamp.

I phoned head office, who have put me in touch with the regional manager. I did fax them a letter stating I wanted the brakes check by an independent and they would have to pay (well, I can't really afford £195). They have said they will only pay if it shows up discrepancies.

This has now dragged on and on and I am still "sans voiture" - which is becoming painful.

Would you crack open your credit card and take the risk or would you push for them paying and I will reimburse...

...or am I just nuts?

I realise we made a verbal contract to dispose of the vehicle, but this
was based on, what I now believe to be shaky ground i.e. I was told it
was uneconomical to repair but then all of a sudden it's on the road
again. It smacks of me being conned and I wants me car back!

Thanks in advance

madfrenchgirl

OMG!!! Please tell us who it was so we never go there ever! What a bunch of inapts! I do not know what your rights are, but I am shocked! You should get them to pay up for it! Go for it!

herbert_goon

Sorry EDIT:

They will reisnspect the car themselves for nothing...but I am too cynical thinking that might give them an easy way out?

Bossyboots

Its too late now, but I would have telephoned them and told them I had changed my mind and was coming to pick the car up. It would have been interesting to hear their answer then. I can just imagine them running around trying to find it. I wonder what they would have told you.

The agreement was to dispose of the vehicle, not fix it (whether bodged or not) and park it on the street. They did not dispose of it in the manner expected so they breached the contract themselves. You don't need to worry about that.

Have you contacted trading standards and told them what has happened? They may be very interested and may be able to give you some pointers on what to do.

Is there not a garage you can take it to and ask them to look at it on the basis of giving you a quote for any work that might need doing. Our garage doesn't charge for doing that.

Bossyboots

herbert_goon wrote:

Sorry EDIT:

They will reisnspect the car themselves for nothing...but I am too cynical thinking that might give them an easy way out?

Not sure it gives them an easy way out. If they fixed the car instead of disposing of it they breached he contract. They had no authority to fix the vehicle. They therefore need to explain why it was fixed and why it was then parked in a residential road. I am sure we can all guess the answer to that one ourselves. They might ask you to pay for the repair but in the circumstances I would argue that they weren't authorised to do so and tough.

If it is a bodge job then they still have to explain why it was done as they must have a tow vehicle or something to remove the car to be scrapped. Even if they don't, it comes back to this issue of it being parked in a residential road.

I am assuming that this road wasn't just along from the garage. Our local garage does sometimes park cars out on the road but it is always on the side street right next door, not further than that.

herbert_goon

Is there not a garage you can take it to and ask them to look at it on the basis of giving you a quote for any work that might need doing. Our garage doesn't charge for doing that.

Problem is it's only braking on 2 wheels and illegal to drive, and I am not sure if the AA will be happy doing me the low loader favour twice. The £195 I quote is an AA registered service.

Good call with trading standards though, I shall look into that!

Thanks

herbert_goon

I am assuming that this road wasn't just along from the garage. Our local garage does sometimes park cars out on the road but it is always on the side street right next door, not further than that."

It's about 1.5 miles away - and the "manager" had admitted that because he wrote his car off (!) during the week he drove mine.

There is still work outstanding on the car i.e. a brake pipe needs replacing.

Bossyboots

Have you told the head office that your car had been used in this way by the manager? Surely they cannot condone this action. That alone should be enough for them to agree to pay for you to have the work checked and completed elsewhere.

madfrenchgirl

arf that means he was driving your car illegally! still they have used your property without your authorisation, this could be qualified as theft!

herbert_goon

this could be qualified as theft!

I'm no legal eagle, but I think it's Taking Without Owners Consent (?)

Have you told the head office that your car had been used in this way by the manager?

Yes, and the reply is that the reason this has come about is because of the large bill and me wanting to scrap the car in this event - i.e. if the bill was £50 this situation would not have occurred.


Appreciating your opinions!

Bossyboots

madfrenchgirl wrote:

arf that means he was driving your car illegally! still they have used your property without your authorisation, this could be qualified as theft!

No, theft is defined as the intention to deprive someone permanently of something. There is no evidence here that that was the case.

He was however driving an unroadworthy car which he had not authority to be driving anyway and I think the place to apply pressure is head office and trading standards.