Help - Car repairs

sav86

Hi folks, long time lurker first time poster. Sorry its a long story.......


I buy a 2nd hand car (just over 3 yrs old so out of warranty) from Garage A, which is about 20 miles from my house). Garage A provides an insurance backed warranty for 12 months provided by the AA.

7weeks later I'm driving home from work (just before christmas) and it starts playing up, I'm passing by a local place, Garage B and decide to stop in and ask for a quick once over. Mechanic comes out to look at the car and it wont start. Mechanic asks me to leave it there and they'll inspect it the following day, it wont start so leaving it there seems the easiest option...

Mechanic calls a day or 2 later and says they have problems diagnosing the car as the main engine control unit is blocked, he's tried several different tests on the engine and it doesnt appear to be anything mechanical. He thinks ECU faulty and is sending it away for inspection and repair. He offers me use of a 'courtesy car' after christmas holdidays which i accept.

Post Christmas holidays mechanic rings to say ECU tested not repairable, needs replaced. I ask him to clear the work with the AA. He comes back to say the majority of work is cleared and the part is being ordered. There may be a shortfall on his costs of about £100 from what the AA agree to pay, I reluctantly agree as i really need the car back on the road.

A week later part arrives and fitted, needs to go to main dealer to be programmed. Another week later car has been to main dealer and still wont start, main dealer says problem is with fuel pump. Mechanic says AA not likely to cover it. Cost is c.£2k

Now its getting complicated so I calls garage A and ask if they can help given they sold the car such a short time ago. They offer to recover the car, give a second opinion and carry out the repairs.

Garage B not happy that Garage A is coming to collect the car and demand their costs paid before they release it. I pay their costs (£1k) and ask for details of all work done in return for release of car. £900 of the costs have an AA approval claim reference number for me to claim the cash back.

Car back at garage A and they send fuel pump off for inspection. Confirmed faulty by the manufacturer and cost to recondition given to garage (£950). Garage A's verbal opinion is that it would be very unlikely that both ECU and pump were at fault at same time.

Garage A notify AA that they need to recondition fuel pump and seek approval to claim cost.

AA contact me and tell me the claim approval for the original ECU has been rescinded, as its approval was coniditonal on this being the problem that was preventing the car from starting. I query how they can rescind a claim, ie they should have satisfied themselves of the problem before giving approval.

Garage B have still failed to provide backup evidence to their invoice so i start to pursue it myself. Garage B adamant that both faults existed in the vehicle but it would have been impossible for them to diagnose the pump problem when the ecu was shut down.

Eventually i get my hands on a report by the company that Garage B had test the ECU. Report says the type of unit is one they cannot fully test, but their inspection suggests "it is not a complete non runner"

My non mechanical reading of that is that the ECU was not acutally to blame all along, and this is supported by the opinion of mech in Garage A.

Garage B claim that they are still right to have replaced ECU and that my beef should be with AA. I state that want my money back and whether it comes from Garage B or AA I dont really mind. I state that the written evidence suggests he was wrong to do work and it is up to him to clear his name. He states he has a clear name and if I start 'mudslinging' he wont assist me getting money from AA, also if I attempt to claim from him he will bill me for a months hire car (11 yr old beaten up 1.0L hatchback courtesy car). I offer to give him the opportunity to convince AA he was right, and suggest that he attempts to recover the old ECU in order to do so. He thinks old ECU has gone back to car manufacturer and if it was recoverable the cost would be £200 (equivalent to exchange discount). He isnt willing to pay for that. I havent volunteered the ECU test report to the AA yet.


So that is where the story rests. Anyone care to voice their opinion as to who I ought to pursue:

Garage A for selling goods not fit for purpose? Although I know that their recourse is to fix the goods which wasnt offered to them by virtue of my car stopping in Garage Bs permises.

Garage B for carrying work not required?

AA for giving approval for the work and then rescinding?


Once again, sorry its been so long :beer:

sav86

Anyone please???

gemmy26wales

wish i could help you, but im totally none the wiser. just wanted to say i really hope it all gets sorted asap!!!

the people on here are fab and if anyone can help you out they will. my only 'advice' would be to maybe speak to citizens advice and see if they can put you in the hands of a legal firm that will know the in and outs xxx

sav86

Thanks Gemmy, I've been told by different people that I should pursue the AA, and others say pursue the garage who did the work. I'm not sure which....:(

Part of me thinks stick in a small claim against garage b and see what happens, and part of me thinks not

RadoJo

If it would cost garage B £200 to get the old ECU back, doesn't that suggest that they sold it on in the first place? If they want to clear their name, surely the onus is on them to prove that the part was faulty when they replaced it - it's not your fault that they sent it off to the manufacturer, and given the circumstances they might send it back if you ask.

Also, unless you signed a contract for the hire car, he can't retrospectively apply charges to you by way of trying to force you not to pursue him - if you agreed a price for the repairs that included use of a hire car, I would be surprised if he had a leg to stand on without a contract stating the value of this service and an agreement from you.

It does sound like a total nightmare though - have you tried the CAB? I know that their remit is limited, but they might at least be able to point you in the direction of someone who might be able to help. Good luck!

sav86

Radojo, thanks for your thoughts. The £200 for getting the part back was an indication of the level of discount received when they bought the part as an exchange unit.

ie the part was £600, or £400 if you were returning the old one at the same time. The old ones go back for stripping down/reconditioning.

I need to quiz the AA if they specified that the garage obtained an exchange part.

In the meantime I have got Garage A investigating the possibility of return of the part for me as they have a contact within the parts supplier. If i have to purchase it back myself I may do it. I will then add the cost of doing so to my claim against either the AA or Garage B depending on the outcome of testing it on the vehicle.

RadoJo

Ah - I get you! So it's possible that the old ECU which was sent back to the manufacturer is no longer in the condition it was when it was replaced? That's a pain in the behind, but still not down to you - I would have thought garage B would be more willing to help prove that they had done the right thing by replacing the unit seeing as they are effectively being accused of carrying out unecessary work by the AA, not you!

I would think that the AA should be taking some responsibility - the work was carried out on the understanding that they would cough up for it, and to change their mind after the event and leave you at a loss seems particularly harsh. If they think that a garage has undertaken work that was not needed in order to claim from them as your insurer, surely they bear some responsibility for the consequences. I think it would be worth pursuing them and asking what they are going to do as well. Apart from anything, they are probably more likely to have a process of complaints including elevation and an ombudsman, whereas it sounds like you're getting pretty short shrift from the garage!

Good luck - I really hope you manage to make progress on this as it sounds as though you've managed to hit upon a truly unique set of circumstances!

sav86

Shameless bump - still in need of help

Tozer

Do you know what? It would be dealt with by the Small Claims Court where there are no cost implications. There is nothing to stop you suing ALL three of the parties and letting them point the finger of blame at each other. One (or more) of them is liable so I would be tempted to issue a summons, sit back, and let them argue it out amongst themselves.

sav86

Interesting thought Tozer. I hadnt realised that I could bring action against different folks at one time.

Have to say I love the idea though:j

I've an appointment with the CAB on Friday, I'll discuss that with them then:beer:

barvid

Tozer wrote: »

Do you know what? It would be dealt with by the Small Claims Court where there are no cost implications.

Not sure if I've misunderstood but it'll cost you about £30ish to start a SCC claim.