Garage has wrecked my car - and charged me for it

Mark_Mark

In short OP you'll have to obtain evidence that they damaged your car and were negligent in their actions. You'll need an independent expert to examine the car and provide a written report.
You'll also need to obtain evidence of what they said to the RAC.

All this will be at your expense and if you win it will be awarded to you by way of costs. If you take legal advice you will also be required to pay for that and not get legal advice off a forum.

Why did you pay the £600 if you're in dispute and have you recorded that anywhere?

And another thing, is it a back street garage? Do they have any assets worth seizing if it came down to it?

aaj123

Mark_Mark wrote: »

In short OP you'll have to obtain evidence that they damaged your car and were negligent in their actions. You'll need an independent expert to examine the car and provide a written report.
You'll also need to obtain evidence of what they said to the RAC.

All this will be at your expense and if you win it will be awarded to you by way of costs. If you take legal advice you will also be required to pay for that and not get legal advice off a forum.

Why did you pay the £600 if you're in dispute and have you recorded that anywhere?

And another thing, is it a back street garage? Do they have any assets worth seizing if it came down to it?

What option did I have but to pay the £600 if the only alternatives I am given are to pay £2000 for getting the car working or pay storage charges if I don't do anything?

I paid by credit card knowing I now have the added weight of Section 75 claim and the bank becomes an equal interested party.

As for the tracking device, I only quote it to prove that the car was being driven regularly till the time I drove into the garage. It shows date, time and duration of all my journeys in the car for last one year.

And as for the claim of the previous poster that I drove in fully well knowing there was a problem (about needing to press accelerator), of course there was a problem. Why else do you think I would take my car to a garage? The point in question is why the garage did not inform me that an engine failure had occurred on his test drive.

And why is it being assumed that the burden of proof lies with me and not the garage? If you give something for repair and it comes back worse, the burden of proof in my opinion (legal experts can correct me) is more on the garage rather than me.

And as for proof that the car was delivered to me without engine, there isn't an issue with that. The invoice and the paper statement that I signed on delivery say this clearly.

Mark_Mark

aaj123 wrote: »

What option did I have but to pay the £600 if the only alternatives I am given are to pay £2000 for getting the car working or pay storage charges if I don't do anything?

I paid by credit card knowing I now have the added weight of Section 75 claim and the bank becomes an equal interested party.

As for the tracking device, I only quote it to prove that the car was being driven regularly till the time I drove into the garage. It shows date, time and duration of all my journeys in the car for last one year.

And as for the claim of the previous poster that I drove in fully well knowing there was a problem (about needing to press accelerator), of course there was a problem. Why else do you think I would take my car to a garage? The point in question is why the garage did not inform me that an engine failure had occurred on his test drive.

And why is it being assumed that the burden of proof lies with me and not the garage? If you give something for repair and it comes back worse, the burden of proof in my opinion (legal experts can correct me) is more on the garage rather than me.

And as for proof that the car was delivered to me without engine, there isn't an issue with that. The invoice and the paper statement that I signed on delivery say this clearly.

And that might be your downfall if there's a long standing oil problem.

When was the last service? You've avoided answering that one.

aaj123

Mark_Mark wrote: »

And that might be your downfall if there's a long standing oil problem.

When was the last service? You've avoided answering that one.

I bought the car only in last February. Since then driven around 4000 miles. Car had an oil change filter at Halfords in April.

Looking at the specific of that invoice it says:

Oil pressure switch changed
Servicing of Oil / Filter

And again I remind the key point - why did the garage not inform me when the engine seized?

Mark_Mark

aaj123 wrote: »

I bought the car only in last February. Since then driven around 4000 miles. Car had an oil change filter at Halfords in April.

So you're over your 12 month service interval then. Might be another problem for you.

When was it last serviced?

DaveTheMus

A friend of mine once owned a Kia that he had to scrap because of this very problem.

He drove around for weeks with hardly any oil in the car then when it was all gone the engine suddenly destroyed itself.

The brakes failed a couple of times aswell, he never looked after the car so there multiple issues with it.

aaj123

Mark_Mark wrote: »

So you're over your 12 month service interval then. Might be another problem for you.

When was it last serviced?

I don't have the service history. I had the car for less than 12 months when i gave the car to the garage. But it has been running for 4000 miles which is just about when service is recommended. It has as I pointed out been serviced for oil in April.

Again you seem to say that burden of proof is only on me. But let me tell you, I totally appreciate the points you make as it is better to have a Devil's advocate who can help pick out all holes in my case as opposed to somebody just sympathising and agreeing without any practical view points!

Mark_Mark

aaj123 wrote: »

I don't have the service history. I had the car for less than 12 months when i gave the car to the garage. But it has been running for 4000 miles which is just about when service is recommended. It has as I pointed out been serviced for oil in April.

Again you seem to say that burden of proof is only on me. But let me tell you, I totally appreciate the points you make as it is better to have a Devil's advocate who can help pick out all holes in my case as opposed to somebody just sympathising and agreeing without any practical view points!

4000 miles recommended service interval, is that a guess?

You've maintained the car have you?

You've gone over 12 months without a service and we can only guess when the last on was. The balance of probability would say it's your fault it failed and by perusing this you are !!!!ing in the wind.

Don't waste any more time or money on this and move on.

Nodding_Donkey

Was the pressure switch changed because the oil light kept coming on?

aaj123

Nodding_Donkey wrote: »

Was the pressure switch changed because the oil light kept coming on?

Yes and the repair was covered by RAC at that time. The diagnosis was that the pressure had been checked and was fine and it was the light that was faulty and had to be replaced.