In dispute over bill - can Garage refuse to give you your car?

AdrianC

SunbeamFanatic wrote: »

I'm also aware that they should return the original parts they have removed from my car as they are my property.

Not necessarily. The old parts may not be re-usable. They may have gone to the supplier of the new parts as exchange cores. They may simply have been binned.

In addition, if you instruct the garage to remove the new parts and refit the old, you will find that you're liable for additional labour costs, and the new parts will almost certainly not be returnable for credit, so you are still liable for those parts costs.

Aylesbury_Duck

SunbeamFanatic wrote: »

Do I have to pay for diagnosis work even if the diagnosis was incorrect?

Yes. What garage would undertake fault-finding work if they knew that should they not identify the fault, or incorrectly identify the fault, they wouldn't get paid? You take a car in with a symptom that could be caused by a number of different things and the garage have to work through the possible causes, eliminating them as they go. They may strike lucky or use experience to identify the underlying fault first, but if they don't, they have to go through the process.

SunbeamFanatic

Aylesbury_Duck wrote: »

Yes. What garage would undertake fault-finding work if they knew that should they not identify the fault, or incorrectly identify the fault, they wouldn't get paid? You take a car in with a symptom that could be caused by a number of different things and the garage have to work through the possible causes, eliminating them as they go. They may strike lucky or use experience to identify the underlying fault first, but if they don't, they have to go through the process.

And I'm more than happy to pay for that work, they told me they'd diagnosed the fault, sourced a replacement part, fitted it, but it didn't solve the problem. So I'm happy to pay for diagnosis but I'm not happy about paying for a part that has been proven to be unnecessary.

SunbeamFanatic

AdrianC wrote: »

Not necessarily. The old parts may not be re-usable. They may have gone to the supplier of the new parts as exchange cores. They may simply have been binned.

In addition, if you instruct the garage to remove the new parts and refit the old, you will find that you're liable for additional labour costs, and the new parts will almost certainly not be returnable for credit, so you are still liable for those parts costs.

I don't think you've read my point. If the new parts don't fix the problem then this suggests the old parts were not faulty. The main replacement part was 2nd hand and not exchange. Whether the original part was faulty or not, it is still my property and should be returned with the vehicle.

I find it hard to believe that a garage can fit parts that don't solve the problem but have no liability for any errors they made. Where is consumer protection from people holding themselves out to be experts?

Aylesbury_Duck

SunbeamFanatic wrote: »

I don't think you've read my point. If the new parts don't fix the problem then this suggests the old parts were not faulty. The main replacement part was 2nd hand and not exchange. Whether the original part was faulty or not, it is still my property and should be returned with the vehicle.

Did you specify that you wished to retain parts they removed and replaced?

As per my point above, the garage has tried new parts to see if they correct the problem. They have incurred costs doing so and it's reasonable you are charged accordingly. I think a polite negotiation is appropriate in your circumstances, asking for a reduction in recognition of the time they've had your vehicle and their lack of communication but they may dig their heels in. If they do, your best bet is to pay up, collect your car and challenge it afterwards. However, if they have the evidence to show the work they have done and the parts they have tried, you would find it difficult to prove they've been unreasonable.

neilmcl

Comms69 wrote: »

You can ofcourse pursue them in civil court, either for an injunction to return the vehicle, or for any money paid.


But you cannot just take your car, that would be theft.

No it wouldn't.

SunbeamFanatic

Aylesbury_Duck wrote: »

Did you specify that you wished to retain parts they removed and replaced?

As per my point above, the garage has tried new parts to see if they correct the problem. They have incurred costs doing so and it's reasonable you are charged accordingly. I think a polite negotiation is appropriate in your circumstances, asking for a reduction in recognition of the time they've had your vehicle and their lack of communication but they may dig their heels in. If they do, your best bet is to pay up, collect your car and challenge it afterwards. However, if they have the evidence to show the work they have done and the parts they have tried, you would find it difficult to prove they've been unreasonable.

They are not a small back street garage so what I'm most disappointed with is they said that absolutely they were the experts to fix the problem (they are transmission specialists) but they've failed to do what they said they'd do, and it seems I just have to pay up. If you paid a plumber to fix your heating and he said you need a new boiler but on fitting your new £1000+ boiler you still had cold water would you be expected to still pay the plumber for doing his "incompetent best" because your old boiler wasn't defective and it was just the cheap thermostat on the wall?

Aylesbury_Duck

SunbeamFanatic wrote: »

They are not a small back street garage so what I'm most disappointed with is they said that absolutely they were the experts to fix the problem (they are transmission specialists) but they've failed to do what they said they'd do, and it seems I just have to pay up. If you paid a plumber to fix your heating and he said you need a new boiler but on fitting your new £1000+ boiler you still had cold water would you be expected to still pay the plumber for doing his "incompetent best" because your old boiler wasn't defective and it was just the cheap thermostat on the wall?

You're arguing with the wrong person. I've given my view. I may be right, I may be wrong but it's up to you how you handle it. Nevertheless, I'll indulge your analogy, although it really isn't directly comparable. Yes, I'd still expect to pay the plumber something because he would have spent time diagnosing the fault and I have betterment from a new boiler. Would I expect to pay his entire bill? No, and that's where negotiation comes in. If I held my new boiler "hostage" and refused to pay for it, he would pursue me for the full cost of supplying and fitting it. Your situation is different because they have your property on their premises. As I see it, you have limited options:

- negotiate the best settlement you can and retrieve your car in its current state
- pay up, retrieve your car and challenge the bill afterwards
- argue over the bill, refuse to pay it and you are no further forward. They will retain your car and could start charging you storage!

Alfrescodave

neilmcl wrote: »

No it wouldn't.

Oh, yes it would.


Pantomime season started early this year !

AdrianC

Alfrescodave wrote: »

Pantomime season started early this year !

It's behind us.