Where to go for advice on car problem (legal)

xzibit

I wasn't sure where to post this so hopefully this will get a response here.

I bought a car 3 weeks ago. Part of the conditions of sale were to change the cambelt and tensioner kit, as the car is 5 years old, and the manufacturer recommends that they are changed at 72,000 miles or 5 years of age, whichever occurs sooner. The dealer agreed to this.

Anyway, I discovered after collecting the car that infact only the belt had been changed and not the tensioner kit, which should have been changed.

I phoned the dealer and asked why, and they said that the garage that carried out the work said that the tensioner and pulleys for the belt were "servicable for the life of the belt" ie they would last another 5 years.

The manufacturer advises they are changed at 5 years, and this garage are telling the dealer they should last 10 years?!?

Anyway, I asked the dealer to carry out the work, and they refused. I was left no choice but to get the work carried out myself, as I feared the failure of the components, and a huge bill.

I got a Renault specialist to carry out the work, and when they went to remove the cambelt, they found;

- it was fitted incorrectly,
- it was timed up incorrectly,
- it had been making contact with the casing,
- the tensioner and one pulley were worn (bearing).

They told me that in their opinion, not only had the work been carried out incorrectly, it wouldn't haven't lasted very long as it was, and were also surprised the car made it to them.

The bill was a few pence under £500. I felt that as this was part of the terms of me buying the car, I shouldn't have been paying really. The work that they did have carried out was shocking, and was carried out wrong.

I wrote a letter to the dealer stating my findings, and that I didn't feel I should pay, but obviously they refused, saying the garage they used said the parts I had changed, didn't need changing. (The garage that couldn't fit the cambelt correctly!!)

I would like to possibly chase the claim through the small claims court. Before I go ahead with the claim, I would like to know whether I actually have a case. I feel I do, and so do many others I have spoken to.

Would it be best to pop along to my local Citizens Advice Bureau? Is this the best place to go for advice, or is there somewhere else better?

I obviously don't want to start court proceedings if they are likely to sway in the favour of the dealer, though I believe that if I stated that I wanted the belt and tensioner kit changed as per the manufacturer's service schedule, and they did not do this on the advice of a small independant garage, which then incorrectly did some work to the car, which I had to have put right, then it is them at fault.

Sorry for the long post, I hope that someone can point me in the best direction for advice.

Many thanks.

peterg1965

Do you have Legal Cover on your car insurance policy?

xzibit

Yes I do. I thought that was for accidents though?

DavidHM

It might be, it might not be: it would depend on the terms of the legal expense policy.

If you don't have legal expenses cover then you will be in a difficult situation because even if you win at court, you won't be able to claim your legal costs other than court fees, due to the amount at stake. Therefore it will not be cost-effective to instruct a solicitor, except possibly for a half-hour exploratory session.

My first port of call would therefore be either the CAB or Trading Standards, explaining that the work that you agreed on was not done at all satisfactorily.

They will be able to give you guidance but with a witness statement from the new garage as to the qualtiy of the work I would say you have a strong enough case to risk a few quid in court fees, which you will be able to claim back relatively easily if you do win.

xzibit

I wasn't planning on hiring a solicitor, I was planning on going it alone. I have the facts, what's in writing, and a report from the specialist. If that isn't good enough, I doubt a solicitor will be able to do anything lol.

peterg1965

Book a appointment to see the dealer principal at the dealer you bought the car from and confornt him with the facts, verbal and written, and tell him you have sought legal advice and will persue the issue through the small claims court. See what his reaction is.

xzibit

I have tried, but he refuses to meet me, or even to talk to me on the phone. Instead I have to go through his one and only salesman/dogsbody.

The last letter I sent them, I informed them of the facts and that if they didn't refund me, I would have no choice than to take legal action, and they sent me a short letter, stating that they said they wouldn't pay for it, end of. Exactly what they said to me on the phone before I got the work done.

It's like they totally ignored most of the letter, and didn't even comment on the poor workmanship.

Bossyboots

It certainly sounds on the face of it that you have a good case. Trading standards would be a good place to start but if they can't help, you will have to decide whether to take the risk. You have a report in writing that the work done was not to standard and the work requested but not done would have been necessary. It seems pretty clear cut.