Garage disaster - who is liable?

princeofpounds

"Small claims etc., already suggested, would be silly in this case.  You can't claim for more than the Honda Jazz was worth prior to the work being done, thus could end up with nothing more than a few hundred quid.  Also, the adversarial route will inevitably take its toll on your wellbeing.  "

Mitzy, I do agree with you that a settlement may work out better for the OP and think your suggestions are very useful. But the small claims process is specifically designed for, well, small claims precisely like this. It wouldn't be silly at all to use it, if an acceptable settlement couldn't be reached.

AdrianC

princeofpounds said:

Mitzy, I do agree with you that a settlement may work out better for the OP and think your suggestions are very useful. But the small claims process is specifically designed for, well, small claims precisely like this. It wouldn't be silly at all to use it, if an acceptable settlement couldn't be reached.

There's two questions here...
1. Deciding liability.
2. Deciding appropriate recompense.

As far as 2 goes... A friend of mine recently bought a very tidy, MOTd Jazz of similar age for £500. I'd suggest a rusty one with expensive airbag issues was pretty much weigh-in value. Sorry, but sentimental value and "It'll be fine for years with only twice the value spending on it" means nothing here. There's really no difference between the welder setting fire to it and it being punted by a truck while being driven between garage and welder.

1 needs to be decided between the three of you before waving small claim threats around. I'd suggest you go into the garage, and suggest they call the welder while you're there, and come to an agreement between you. Suggest to the garage that if they each chip in £150 or so, you're sorted and everybody's happy with no drama.

Ditzy_Mitzy

AdrianC said:

princeofpounds said:

Mitzy, I do agree with you that a settlement may work out better for the OP and think your suggestions are very useful. But the small claims process is specifically designed for, well, small claims precisely like this. It wouldn't be silly at all to use it, if an acceptable settlement couldn't be reached.

There's two questions here...
1. Deciding liability.
2. Deciding appropriate recompense.

As far as 2 goes... A friend of mine recently bought a very tidy, MOTd Jazz of similar age for £500. I'd suggest a rusty one with expensive airbag issues was pretty much weigh-in value. Sorry, but sentimental value and "It'll be fine for years with only twice the value spending on it" means nothing here. There's really no difference between the welder setting fire to it and it being punted by a truck while being driven between garage and welder.

1 needs to be decided between the three of you before waving small claim threats around. I'd suggest you go into the garage, and suggest they call the welder while you're there, and come to an agreement between you. Suggest to the garage that if they each chip in £150 or so, you're sorted and everybody's happy with no drama.

It almost feels like it would be worth taking the Panda, put like that.  That is an option - take it, resolve not to spend any money on it, and, if it lasts longer than a couple of months, you'll be quids in.  

Oursoul

Yes Mitzy that's what we're thinking - in a way we're better off taking a car as we don't have to pay to get the Jazz (RIP) through the MOT.  
Again, feel a bit sorry for the welder, but sometimes it takes something like this to learn a valuable lesson.  To be fair to him, it was actually his colleague/underling/mate who didn't follow the instructions to move the carpet and some wire before starting.

fred246

Don't feel sorry for the welder. Imagine what would have happened if you'd have accidentally left your children in the car seats. They need to improve their health and safety.

Goudy

It might be worth negotiating on either the Polo or the Panda.
Ask them to MOT whichever takes your fancy and put right anything iffy the MOT throws up even if it has a current MOT.

If you're interested in the Panda, you need to have a good poke about it under the front and back.
They are prone to rusting on the engine sump and it will eventually leak oil.
Also the rear axles tend to rust badly and if it's bad it'll write the car off as replacements are expensive or already rotten to start with. Around the lower spring mounts are a favorite spot, directly behind each rear wheel.
You can check both ends on your knees.
Make sure it drives straight too, they can suffer wonky steering but it's usually because the battery is low/old as the steering is electrically assisted.

fred246

Did you not get a quote for the welding and airbag? Welding can be done quite cheaply by the right person. Parts are normally readily available for 2004 cars. An airbag module might sound expensive but often you can get them cheaply secondhand or they can be refurbished. £150 from each is a total joke. You should get much more. You could have got years of use from a well kept Honda Jazz. Don't let anyone persuade you it was rubbish.

Ditzy_Mitzy

fred246 said:

Don't feel sorry for the welder. Imagine what would have happened if you'd have accidentally left your children in the car seats. They need to improve their health and safety.

Are you OK, hun?

AdrianC

fred246 said:

Don't feel sorry for the welder. Imagine what would have happened if you'd have accidentally left your children in the car seats. They need to improve their health and safety.

I suspect they'd have noticed that.

Jackmydad

Personally, annoying though the whole thing is, I wouldn't dwell too long on the Jazz.
In my experience once cars get to the needing welding stage, then unless they get a much better job done than is mostly done by ordinary garages, they're on the road to that great scrapyard in the sky.

I'd take what's on offer, but with an MOT.
It's their fault not yours. I wouldn't be too nice about it.