Garage had my car for 6 months

Theoccupier

Hi, newbie here, please be gentle.

My neighbour has asked for help with her car issue. They took their car to a local garage for a service and MOT. garage did the service, fitted a new timing belt and issued 12 month's MOT. 24 hours later, the car broke down and had to be towed back to the garage where they claimed the belt had been faulty. They called in the assessor who decided it was the mechanic who had fitted the belt too tight. Garage then agreed they would do the repairs which I understand are to do with the damage caused when the belt snapped and not just a replacement belt.

This was back in January. Numerous calls and 6 months later, the garage still has the car and the work has not been completed. In the meantime, neighbour's OH has had to buy another vehicle in order to do his work as he is self employed and needs transport for work.

Neighbour was advised to write to the garage giving 14 days for them to complete the work or respond with a suitable timescale. Letter was written and sent recorded delivery but no response at all has been received.

My question is, where now? They were advised small claims but from what I'm reading, that would mean getting the car back, having it repaired elsewhere at their own cost then trying to reclaim afterwards. Is there any other route?

Thanks in advance

walwyn1978

Has any money changed hands?

Theoccupier

Only the initial cost of the service and MOT.

m0bov

Get the car recovered to another garage and sue for the repair plus the cost of the temp car as consequential loss.

Theoccupier

That's what I was thinking. Can't see any way of not having to pay out before claiming back. I'd listed things like double insurance costs, double road tax costs, 6 months of MOT wasted but didn't think there would be much hope of getting the cost of 2nd vehicle back

m0bov

Prolly best to let the garage know you are having it collect, then once its repaired sue for the cost+other losses.

You could also sue for the cost of replacing the car. I saw this on one of the sheriff's things. What is the car/age?

Theoccupier

It's a focus, not sure on age. Once it's repaired is it just a case of small claims using the moneyclaim online portal and listing everything there do you know?

DCFC79

Theoccupier wrote: »

It's a focus, not sure on age. Once it's repaired is it just a case of small claims using the moneyclaim online portal and listing everything there do you know?

Yes, well you follow what it says on screen, include any details it asks for.

Le_Kirk

Your neighbour needs to send a Letter Before Action (LBA) rather like the one they have already sent but this time, if the garage do not respond to your neighbours request within the time scale they set, the consequence is small claims court. This is not really a motoring issue so might be best to ask a board guide to move it to Consumer Rights where there are very knowledgeable people who will advise exactly the process to follow. Board guides are Crabman, savvy, soolin who can be reached by PM (Private Message).

Theoccupier

Thanks Le_Kirk, I wasn't sure where to put the query. I'll ask one of the guides if it can be moved. Just to confirm, re the LBA & small claims, do they send the letter, then recover the vehicle and have it repaired elsewhere, then small claims?

bmw528i

what reason has the garage given for it taking so long?

it's never easy dealing with garages, but your neighbour needs to go in and get them to sort it!