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Consumer Rights Act 2015

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  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    usedtoname wrote: »
    I agree that parts would be damaged via a diagnosis.
    My problem is not being given the opportunity to say no.
    "Diagnose this, please. No, I don't want you to actually spend any time on it or just touch it. I only want instant psychic guesses."
  • Yes waamo, I messed up there, was rushing my message, sorry folks.

    Angrycrow
    The car doesn't run at all now.
    The cost to repair what they damaged, is more than the value of the car when I took it in, and I would still need to fix the initial problem.

    As a principled individual, taking them to court seems the only option.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    usedtoname wrote: »
    The car doesn't run at all now.
    It wasn't usable before.
    The cost to repair what they damaged
    They didn't "damage". They did what you asked - diagnosed. It's not their fault you didn't understand what that would involve. Yes, perhaps they could have explained better, but that's not sufficient to fall outside "reasonable care and skill".
    is more than the value of the car when I took it in, and I would still need to fix the initial problem.
    Then it was already beyond economic repair. Scrap it.
    You will, of course, need to pay them for the time and costs incurred so far, but no need to pay to reassemble.
    As a principled individual, taking them to court seems the only option.
    You can certainly throw good money after bad, if you really wish. But from what you've said here, you have absolutely no chance of success in any case, and will just waste everybody's time, money and blood pressure.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    As above. You had an unusable car. They've had a look and said it's beyond economic repair. You still have an unusable car. It has the same value now as when you took it in.

    If you didn't have it diagnosed you would either have to leave it to rot, fix it or scrap it. All they've done is remove the fix it option, which would have been madness anyway if you had attempted it.

    They've saved you the expense of attempting a fix so I don't see you have a case
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    usedtoname wrote: »
    Yes waamo, I messed up there, was rushing my message, sorry folks.

    Angrycrow
    The car doesn't run at all now.
    The cost to repair what they damaged, is more than the value of the car when I took it in, and I would still need to fix the initial problem.

    As a principled individual, taking them to court seems the only option.

    I recently sued a surveyor. I was in the right and they settled. Did I get all that I was due? No. I think I was lucky if I actually ended up recovering all my legal costs, and I was clearly in the right. So I wish you all the luck in the world in this. You will lose and lose hard.
  • fred246
    fred246 Posts: 3,620 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    It is a generally accepted view that the job of a garage is to mend vehicles. A judge is likely to hold this view. It is cheap and easy to sue the garage. Costs are reasonable at £70 for up to £1500 claim. The difficult bit is quantifying the damage that the garage has done.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    fred246 wrote: »
    It is a generally accepted view that the job of a garage is to mend vehicles.
    The OP didn't ask them to mend it.
    He asked them to diagnose the fault.
    Diagnosis of the fault required dismantling.
    The difficult bit is quantifying the damage that the garage has done.
    It doesn't seem as if they've done any.
    They were asked to diagnose an issue on an old low-value car.
    They've done so - and the owner's decided it's not worth repairing.
  • fred246
    fred246 Posts: 3,620 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    The owner of the vehicle drove it to the garage. It is now unusable. Is this one of your silly "it's all coincidental" arguments?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    fred246 wrote: »
    The owner of the vehicle drove it to the garage.
    But it would only run for a few miles at a time.
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    fred246 wrote: »
    The owner of the vehicle drove it to the garage. It is now unusable. Is this one of your silly "it's all coincidental" arguments?

    If you had bothered reading the thread it was pretty much unusable beforehand.

    Anyway, I thought I had previously put your ramblings on mute.......off to fix that now.
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