Locksmiths destroyed my car's ignition, do I have a case?

NattyVee

Hey everyone,

I'll try to keep this brief, but I'm in a bit of a state over a dispute with an auto-locksmith firm and would love some advice!

A few weeks ago I was very stupid and lost my keys within minutes of getting them back from the mechanic. My car was being MOT'd and I lost my keys while going to tax it, so I had to call an emergency locksmith to cut me some new ones.

It wasn't cheap (£130), but they were a reputable firm and it was the best quote I'd had, so I went ahead and they sorted everything out within about 2 hours. Throughout the process they showed no concern and never mentioned any problems or risks. I saw them removing the panel underneath the steering wheel (the ignition mechanism) but the mechanic was around the area and the guys didn't seem too concerned.

I got the car home and after a couple of journeys the ignition barrel came out with my key after a massive crack. I assumed it was just the car wearing out (since it's about 13 years old). I took the car to the mechanic's and upon inspection he said these people had completely 'butchered' the inside. I'm now looking at about £300 to get this sorted out.

I rang the locksmiths and explained the situation, that I wasn't aware the process damaged my vehicle, etc. etc. The guy's response was 'we'll replace the part'. I explained that I had already gone to a mechanic, and besides, the problem was not as simple as replacing a part, as the inside had been completely sheared. They insist that because I went to a mechanic this is my problem, and if I'd come to them, they'd have sorted it out.

However, my argument is that I didn't think that the process caused any damage, and would not attribute any problems to what they did to my car. On top of that, when a car breaks, you go to a mechanic, not a locksmith, since locksmiths don't fix cars! The mechanic has already said that this is a complicated process to fix the ignition, so they are clearly not qualified to do this.

I want to send them the bill for my repairs, but I fear it may need to go to court before this happens. They keep saying for me to bring my car to them, but of course it's not convenient since the car isn't drivable, and I don't feel the solution they proposed is a solution at all. In a way they've acknowledged it's their fault by agreeing to replace the part, so surely they are responsible for the repairs?

I'm planning on sending a letter proposing the situation, what I want done, and requesting a reply. I'm also going to the CAB tomorrow. If anyone has any advice I'd be extremely grateful.

Thanks guys!

Anihilator

The locksmith is completely correct.

You should have taken it up with them first, you cant fix it how you want then expect them to pay for it.

NattyVee

I understand what you're saying but it's not a case of the car breaking and me thinking 'oh it must have been the stuff the locksmiths did'.

On the website it assures that NO damage is done to the car. Therefore the first thing I do is assume it is unrelated and take it to a garage. Now that I know what the damage is, the car is undrivable and they want me to take it across town which is simply impossible.

Another point is that all they are offering to do is replace a small part, but that is not the problem. They have destroyed the ignition part of the car. The mechanic was amazed I'd driven for a week that way before it crumbled into pieces. The locksmiths are not equipped or qualified to deal with it themselves.

I'm waiting for the mechanic to explain the technicalities of it, and I feel this will give me some more leverage since at the moment they seem to think it's as simple as an ignition barrel replacement, which it is not.

Even when I mentioned the car year (1996 Fiesta) the guy's tone wavered a little, suggesting to me he knows himself that they had to do some serious forcing to do the job, which I was not aware of at the time.

RadoJo

So have the mechanics fixed the car? If not, then I would ask the locksmiths to send someone to the garage to have a look at it which will presumably confirm your suspicions that they are unable to fix it. If the work has been started or completed, could you ask the mechanic to write a report as to the extent of the damage? Have the locksmiths indicated that they would be prepared to consider any evidence that they were reponsible for the work.
I think you probably need to make things easier for the locksmiths to accept - you saying 'I need to have my car fixed and I want you to pay for it' leaves them all kinds of room to deny responsibility or question the cost of the work involved. Maybe if you said 'I think you're responsible for damaging my car, but obviously allowing you to inspect it might be difficult as it's not driveable. You can send someone to look at it in situ, or I can provide a report detailing the damage - which would you prefer?' leaves them in no doubt that you are happy to prove to them that it's their problem and that you are only claiming for genuine out of pocket expenses from them.
Did you have a written agreement with them or are there any Ts and Cs on the website? There might be something which covers this kind of situation which would give you some guidelines on how to proceed.

NattyVee

Hey Radojo, thanks for the reply!

Basically the work is in process at the moment since all the locksmiths will agree to is us bringing them the ignition barrel for them to replace, which as I've explained to them is not the problem. An ignition barrel is about £40 tops to the best of my knowledge. We're talking about a £300 bill including an entire day's labour. To be honest, the guy didn't even seem to be listening on the phone. The mechanic is 100% sure that they have sabotaged the vehicle to get the job done and they know it too. He is planning on writing a short report on the damage for me to use as evidence.

I don't want to be too brash so I'm going to write a letter including the costs and the mechanic's report, also giving the contact details of the garage so that they can dispute any details with a professional.

I did not sign anything, their website promises a locksmith service without any damage. I also have a receipt for their work which only mentions the cutting of two keys and encoding them (since the car is a Ford Fiesta and has those funny keys).

I'm not too worried at the moment as I feel that they may be trying to call my bluff. A black and white letter with actual numbers, receipts and reports sent recorded delivery may cut through a bit more, as I'm getting the feeling that the guy is just assuming I'm some idiot blaming the faults of an old car on them.

I'll let you know how I get on, and thanks again.

Locknut

Sorry your having a hard time with a locksmith, I just wondered did he actually take the ignition lock apart? as on fords of that age there is no need to remove any of the locks as it can be decoded through the keyway!

NattyVee

Jplocksmiths wrote: »

Sorry your having a hard time with a locksmith, I just wondered did he actually take the ignition lock apart? as on fords of that age there is no need to remove any of the locks as it can be decoded through the keyway!

They took the entire steering wheel column off and fiddled with the inside, then put it back on again afterwards. The mechanic was shocked by the clumsiness of the work.

It was described as 'sheared', I think they'd cut bits of it up, but I'm not sure to be honest. He's agreed to talk to them if they contact him, which I will welcome them to do so, and I've retained the old steering wheel column that has been completely replaced.

pinkshoes

The correct procedure would have been to get the garage just to look at it (and quote rather than do any work), and when it was established that the locksmith had caused the damage, then you should have gone back to the locksmith, showing them the quote to get it fixed, and giving them the opportunity to fix it themselves.

If they failed to fix it satisfactorily, THEN you could take it to the garage, then claim the money back by taking the locksmith to the small claims court.

As you have gone ahead and got the work done, without even giving the locksmith a chance to put the damage right, then it massively complicates the situation. You can't just expect them to pay.

Perhaps they would compromise and pay for the parts, and you pay for the labour?

jim-locksmith

i agree with pinkshoes they should pay for the parts too.

NattyVee

I sent them a standard letter a few days ago and am awaiting a reply. I've only outlined my request as 'reimbursement for the damage caused by the technicians', effectively leaving the ball in their court.

I'll see what they respond, I've also welcomed them to inspect the car/old steering column or discuss details with the mechanic.

NattyVee

Just an update.

It's been a good two weeks now since I sent the letter (recorded delivery) and have received no phone calls, no answering machine messages, and most importantly, no written reply. I set out 14 days as a deadline on the letter, which has well and truly passed now.

In terms of preparing a case, I guess I can only consider this a good thing as they have made no offer of amending the situation apart from an offhand comment on the phone from someone with no authority to carry it out (prior to this written confirmation of my request). I really did expect a letter reiterating what was said to me on the phone, as this is quite a big, national company.

I guess the next stop is CAB, or does anyone have any other ideas? I'm thinking if I do take this to court, I'm in a slightly stronger position than before.