Car Garage Threatening Solicitors

ZanderMJW

Hi everyone,

Just looking for some advice on an issue my fiancee and I are having with her car please!

Basically her car broke down a few weeks ago so it had to go into the garage. Before it went in we had some friends who are mechanics look at it and they said it was most likely an issue with the temperature sensor but they couldn't find it on the car so we sent it to the garage to get it done properly.

The garage took a look at it and it came up with some faults on their computer, they emailed us and said that they would fit two parts for us. We responded and asked if this would be guaranteed to fix the problem, they replied and said 100% it would fix the problem or there would me no charge. They fitted the parts and it wasn't fixed so they then fitted another part which then fixed the issue.

When we went to collect the car they tried charging us for all 3 parts instead of only the last one. We refused to pay for all three and told them we would pay for the last part only - We showed them the emails that they had sent us but the gentleman we spoke to wouldn't back down. He spoke to a manager who said to give us the car and they would contact us today.

So today we have been contacted and they are now threatening us with solicitors telling us to pay the full amount! Do we have a leg to stand on when they sent us emails telling us there would be no charge if the first two parts? We've said we're happy to pay for the labour and part for the third part but nothing more.

Can anyone please help as we're very worried about the threat of solicitors. Are they just trying to scare us?

Thank you very much in advance,

Kindest regards

Zander

AdrianC

If they put it in writing, then use those emails in defence if and when a court claim is issued. They don't need to use solicitors to do that.

marcarm

Are the first 2 parts still fitted to the car or did they put the old ones back after they didn't fix the problem?

If still fitted, you can't expect to have them for free, but defintitely keep any correspondence from the garage should you need it.

TBagpuss

Have you sent them copies of their e-mails and asked them to clarify why they are not honouring their assurances?

m0bov

I suspect the OP has still got the other 2 parts fitted and does'nt want the garage to remove them!

ZanderMJW

Hi guys,

Thanks for the quick replies!

To answer your questions about the two parts that didn't fix the problem - We didn't know how it was going to go but all we knew was that they told us was that there would 100% be no charge if those parts didn't fix the problem, we didn't know how they were then going to handle that side of things once it came to us picking up the car. It's not our fault that they fitted the parts and left them in; when they told us there would be not be a charge we assumed they'd just remove them and not leave them in because, as one of you mentioned, we wouldn't expect the parts for free.

We showed them the emails in person at the garage on Saturday (we printed them off) but the guy we spoke to refused to take them as evidence and there was no one else that he could/would speak to. Eventually he found a manager who said to let us have to car back so we wouldn't have to sort out more lifts/buses etc. to get her to work anymore. Now they're threatening us with solicitors before even talking to us calmly about the situation

We're more than happy for them to take the parts out that didn't fix the problem as we don't want to pay for something was didn't need doing, we just need a car that works and we don't want to be ripped off in the process

burlington6

What if they take off the parts you haven't paid for and the fault comes back?

Sometimes it take a few part to fix one problem.

gilbert_and_sullivan

The friend mechanic who diagnosed the car initially is a red herring, unless you suggested to the garage what needed doing and they acted on your suggestion, in which case this muddies the waters somewhat.

Its an unfortunate trend with modern cars with faults that pinpoint diagnosis isn't always possible, and several parts can be fitted before the correct solution is found.

bigjl

The garage doesn't need to use a solicitor.
They already have a lien on your car for the unpaid bill.

Don't know why the garage staff would give a guarantee that the first two parts would fix the issue because it is never guaranteed as sometimes more than fault can have similar symptoms and give the same
fault codes.

They will not be able to get the money back on these parts either as the factors will not accept electrical parts that have been fitted.

Which parts did they fit and which car do you have?

arcon5

No they don't, they gave op the car back!!!!


They don't have a leg to stand on!!! Let them do as they please. Whether the new parts are on your car is irrelevant, they gave you it back like that, they should have taken them off if they wanted them. The fact the parts cost money is not your problem

shaun_from_Africa

bigjl wrote: »

The garage doesn't need to use a solicitor.
They already have a lien on your car for the unpaid bill.

Incorrect for two reasons.
1/ As already mentioned by arcon5, the garage no longer has the car so they can't possibly have a lien on it as for a lien to exist, the garage must be physically holding the property (car) as security.

2/ If the garage did have the car and were attempting to hold a lien on it until the OP paid the disputed bill, they would be acting illegally as the OP has clear evidence in writing stating that if the work carried out did not fix the problem then there would be no charge.

bigjl wrote: »

Don't know why the garage staff would give a guarantee that the first two parts would fix the issue because it is never guaranteed as sometimes more than fault can have similar symptoms and give the same fault codes.

Why they gave a guarantee is irrelevant. The simple fact is that someone acting on behalf of the garage did give this guarantee, hence it forms part of the contract that the OP entered into.