Garage Damaged Car- Where do i stand?

vaio

You can try, they'll probably resist, you could use small claims (and probably win) or settle somewhere in the middle.

Sale of goods is clear that cars should be repaired without undue cost or inconvenience to the buyer, if I was you I’d add on lost wages for the travelling time and send a letter claiming that but be willing to settle for what you’ve listed above.

http://www.berr.gov.uk/files/file25486.pdf

is a guide for traders but covers everything you need to know, read the bit about “claims for compensation” on p11, the “reasonable time/significant inconvenience” on p12 and the “consequential losses” on p16.

And the bit about you should lump it because you chose to buy from a far away dealer is just plain wrong, exactly the same rules apply whether you live 10 miles, 100 miles, happen to move 200 miles away after you buy or even be on holiday in France when the defective car fails.

Basically, if a dealer sells you a defective car then they pick up all the costs when it fails.

Wig

If it were me, I would have said to the dealer (as I told you to do) that bringing the car back to them would add costs which you will expect to be refunded for.

I would put all those expenses down into a letter with photocopies of receipts - not originals. Send it to the dealer, your contract is with the dealer not the garage, do not accept any redirection to claim from the garage. You deal with the dealer, your expenses are his problem, it his up to him to put a claim to the garage to recover his losses, that he has paid out to you. He has a contract with the garage, you don't.

However having said that, as you will be going to the garage tomorrow to pick up your car, you might aswell have all the costs documented and ask them to refund your out of pocket expenses for what was their error. They might just see sense and pay you - you never know! If they refuse, don't bother arguing, you don't have a contract with them, take it up with the dealer.

jeec_2

The story continues.

I drove to London to get the car yesterday. I arrived, the man came out and gave me my car key. I asked for a receipt to say what they had done. He said oik. ( Was unsure why he wouldnt have gave me one anyway). Upon printing the receipt I looked over it. At the top it said "Sump weld and refit". :mad::mad::mad:

I said, Whats this? (I was told that if they accepted responsibility then they would put a new sump on there). The man started arguing saying he never agreed to put a new sump on there, and that because they dont accpt it was there fault, they only welded it. I told him this is rubbish, if they didnt accept any liablity they wouldnt have done anything. The fact of the matter is he expected to give me the car with the under tray on so it couldnt be seen, give me no receipt and I wouldnt have known the difference.

So angry at the moment. I could have taken it off and welded it myself at work, and a next to nothing price. Instead of have spent £130, and sepnt a lot of time and money. Gutted.Would it now be fair to charge them the following?

Fuels costs £80
I took wednesday off work £120
Engine OIl £45
New sump, and fitting costs from a local audi dealer to myself £200
Severn bridge fair * 2 £10/80
Car insurance for courtesy car £20

Is there fair? Thanks again for all your help. Its been very useful.

vaio

to save me retyping, go back and read post #4, 7, 12, & 13.

On the sump, given you aren’t documenting things I'm not at all surprised they have welded rather than replacing.

Pragmatically, a welded repair should be fine as long as it’s done properly and hasn’t distorted the sump. Have a look at it and keep an eye out for leaks over the next couple of weeks.

jeec_2

Not documenting?

I have photographs, and written professional opinion of the damage. I have a receipt that they have welded it.

I also have the proof of purchase etc. Reguarding how much i paid for it, and all the work they did prior to me buying.

vaio

By documentation I mean you get written confirmation of what you want and what the dealer has agreed to do.

Ideally (and sensibly) you should have agreed to have the car repaired in Wales or got some cash off him and welded it yourself.

What’s actually happened is you’ve been traipsing up and down the M4 with no cover for your costs (as yet) and still aren’t happy.

Worse, you’re now into “He said/She said” territory….

……I said, Whats this? (I was told that if they accepted responsibility then they would put a new sump on there). The man started arguing saying he never agreed to put a new sump on there, and that because they dont accpt it was there fault, they only welded it. I told him this is rubbish, if they didnt accept any liablity they wouldnt have done anything…….

You shouldn’t be arguing with the garage, your beef is with the dealer. You should have let him sort it out to a standard you both agreed to and, as Wig said early in the thread, with written agreement as to what the fix was going to be and that you get your costs covered if he wants you to take it back to London.

If you’d done this then everyone would have realised that whilst buying a car from London might make sense taking it back for repair certainly doesn’t and the sensible thing to do would be to give it to Sinclair or whoever your local dealer is and let them fix it with the dealer picking up the tab.

Having said all that you should still get your out of pocket costs refunded by the dealer but I suggest you do it all in writing or at the very least write or email confirmation of anything that is agreed verbially.

Premier_2

jeec wrote: »

...no I didnt not have it independantly inspected. ....

Pity.

It would have saved you a significant amount of time, trouble and expense.

Caveat emptor!

jeec_2

Immeadietly from the first call the garage said if it was their fault it would be replaced. This was agreed and there was no discussion of welding it, which I confirmed. Reguarding the dealer hes not answering his phone. I thought it was best to return it to the garage that did the work because it was their problem. How could I expect them to pay me without even inspecting it? I kept my part of the deal they didnt. I didnt think it was necassary to get the point of how they were fixing it in writing. A weld was NEVER an option.

vaio

[FONT=&quot]That’s what I mean, you’re not the garages customer, your deal and any rights you have regarding getting cars repaired and your costs covered are with the dealer, not the garage and from your report of the conversation you had at the garage I’m sure you can now see the advantages of documenting.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT][FONT=&quot][/FONT]
[FONT=&quot]Re the weld vs. replace argument, I think a welded repair is fine provided it is done properly and hasn’t distorted the sump. As I said before, inspect it and make sure the weld is good and there are no leaks around the sump gasket.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT][FONT=&quot][/FONT]
[FONT=&quot]The way forward is for you to write to the dealer, summarise what has gone on and ask for your out of pocket expenses, list what they are and tell him if you don’t get a cheque within 14 days you will recover via small claims.[/FONT][FONT=&quot][/FONT]