Who's responsible?

notafullshilling

Hi all, looking for some advice and guidance please on the following…

if I took my car to a local reputable garage for mot repairs and the garage outsources the work (welding), who is responsible if that work is either unsatisfactory or incomplete?

The garage supplied a quote for the work, they are stating this was for info purposes and my records only. The garage arranged for the car to be taken to the welders. The payment info on the quote was that of the welders and payment was requested by bank transfer (so unable to do any chargeback).

The failed repairs were reported to the garage and they did pass on details of their welder and were very apologetic and agreeable at first. I took the car back to the welders for the original repairs to be completed in order for the car to pass its mot. The welder had the car for a further 2 weeks, but unfortunately was found to be in the exact same state as previously.

Again reported this to garage, have tried to contact the welder, with no luck. The garage have tried to contact their welder for an explanation and reportedly received abuse. The garage are now denying any responsibility and stating they tried to help sort out the repairs and follow up as a gesture of goodwill and to help out as a conscientious business.

I have tried CAB who advised asking the garage for ADR contacts however the garage are stating they do not need to mediate as they have no responsibility in this matter. The garage is not, as far as i can ascertain, a member of any trade memberships.

Can anyone please advise if the garage have any responsibilities and if so, do i have a case against them for a small court claim?

Many thanks for taking the time to read, and thanks in advance for any response and/or advice.

eskbanker

The garage supplied a quote for the work, they are stating this was for info purposes and my records only. The garage arranged for the car to be taken to the welders. The payment info on the quote was that of the welders and payment was requested by bank transfer (so unable to do any chargeback).

Is the significance of the quote only being downplayed after the event, or was it clearly stated up front?

I suspect that if payment was to be made directly to the welder then that would suggest that the contract was between you and them, rather than the garage being a party to it, but is there any other documentation to assist with determining who you contracted with?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6682009/whos-responsible

These things can go either way, that the garage is responsible for the whole job and the fact they subcontracted a part of the job is their problem or it can be that you independently contract with the two firms and each firm is only responsible for their part.

Sounds like you paid the welder directly rather than the garage? Is that correct? If it is then it starts to sound more like separate contracts.

Woodstok2000

It doesn't sound like you have any contract with the garage. If you are thinking about small claims, youd be better going directly after the Welder so you are only fighting one battle.

DeathByFluffy

You paid the welder - your contract is with them.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82130013#Comment_82130013

Are you sure that is correct…?

Alderbank

You paid the welder - your contract is with them.

Are you sure that is correct…?

If payment was made only to the welder and it was in England or Wales then I'd be sure it was correct.

No payment = no contract. The payment doesn't need to be much - a peppercorn or two would be enough.

sheramber

Another new poster who doesn’t follow up their posting .

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/82130234#Comment_82130234

You could have legally valid and enforceable arrangement where you contract with the garage, the garage subcontracts the work to the welder and you pay the welder directly, but the garage remains responsible for the welder's actions as the party who subcontracted the work.

All depends on each party's intention and what was agreed at the time.

Alderbank

Garage and welder could even be the same company operating under two different trading names.

Lots of possibilities.

DeathByFluffy

https://forums.moneysavingexpert.com/discussion/comment/82130108#Comment_82130108

Yup. If the OP paid the welder directly and the garage had nothing to do with it, I can't see any court in the land deciding the garage is somehow responsible despite never seeing a penny of the transaction.