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Garage Dispute - payment
MichelleLou
Posts: 1 Newbie
in Motoring
I need advice on where I stand legally as:
My friend took his car into a local garage for 3 new tyres. He handed over the keys, they came back said it was all done and told him the price, he gave them cash and the guy gave him his keys back. As he took his keys back he said did you do the tracking, they said no, give me the keys ill do it now. He gave them back the keys and they went off round the back. A few minutes later a young guy comes round and whispers in the boss's ear and he rushes off. They shout my friend through and tell him they've snapped the handbrake. They have words as my friend is annoyed and the guy says ill fix it and call you when you can pick it up.
He calls my friend the next day and says it will cost £x amount, which my friend argues as it wasn't his fault etc., They then agree in an email to pay half each. He tells my friend the car is ready to be collected.
When he turns up at the garage the owner gets annoyed saying you can just go (with more expletives) I don't want your money I'm fed up of people trying to scam me, My friend follows him round the yard insisting on giving him the money as he doesn't want any comeback but he refuses. So my friend leaves.
Yesterday (over a month later) they get a call from the garage by the lady who does the invoices saying they never paid for the tyres. He was given no receipt so has no proof he paid, he's asked them to check cctv as it would show him handing over cash for the tyres and trying to pay for the handbrake.
Can he legally ask them to go away now or is the pressure on him to show he did pay as he has no receipt? They threatened his wife with bailiffs and county court etc. and is very worried about this, any advice would be appreciated.
My friend took his car into a local garage for 3 new tyres. He handed over the keys, they came back said it was all done and told him the price, he gave them cash and the guy gave him his keys back. As he took his keys back he said did you do the tracking, they said no, give me the keys ill do it now. He gave them back the keys and they went off round the back. A few minutes later a young guy comes round and whispers in the boss's ear and he rushes off. They shout my friend through and tell him they've snapped the handbrake. They have words as my friend is annoyed and the guy says ill fix it and call you when you can pick it up.
He calls my friend the next day and says it will cost £x amount, which my friend argues as it wasn't his fault etc., They then agree in an email to pay half each. He tells my friend the car is ready to be collected.
When he turns up at the garage the owner gets annoyed saying you can just go (with more expletives) I don't want your money I'm fed up of people trying to scam me, My friend follows him round the yard insisting on giving him the money as he doesn't want any comeback but he refuses. So my friend leaves.
Yesterday (over a month later) they get a call from the garage by the lady who does the invoices saying they never paid for the tyres. He was given no receipt so has no proof he paid, he's asked them to check cctv as it would show him handing over cash for the tyres and trying to pay for the handbrake.
Can he legally ask them to go away now or is the pressure on him to show he did pay as he has no receipt? They threatened his wife with bailiffs and county court etc. and is very worried about this, any advice would be appreciated.
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Comments
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Slightly odd not to get a receipt but I suppose with the other issues going on it could have been forgotten.
If the garage don't accept the tyres have been paid for they can take your friend to court to recover the money and would have to show it was more likely he didn't pay than he did. If after this the court ruled in their favour and your friend didn't pay then the garage could get baliffs involved to recover the debt however this isn't going to happen out of the blue.0 -
You friend really needs to ask for and get a receipt (and keep them) when paying cash. What would have happened if one of the tyres turned out to be faulty.
The garage really needs to be shut down as if they are not giving receipts, they are not paying tax correctly. I would report them to HMRC.The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.0 -
You friend really needs to ask for and get a receipt (and keep them) when paying cash. What would have happened if one of the tyres turned out to be faulty.
The garage really needs to be shut down as if they are not giving receipts, they are not paying tax correctly. I would report them to HMRC.
My local Co - op and even Marks and Spencer's don't give receipts. I would expect an invoice from a garage though.0 -
As your friend paid cash and didn't get a receipt, it would be his word against theirs.
I would suggest that he send an email remaining them that he paid cash for the tyres, that they failed to do the tracking as reaquested and had to take the car back onto the ramp, and that this may have resulted in them overlookin that the payment had already ben made.
Repeat the request that they review, and let him review, the CCTV, and also remind them they they damaged the handbrake, refused payment for that after agreeing to split the cost.
Ask whether they have now changed their mind and wish him to make payment for 50% of the handbrake cost as originally agreed.
(If nothing else, in a worst case scenario, if it were to go to court, that would show that he had tried to address matters, and the willingness to check CCTV is a strong point in his favour)
Does he have bank statemetns showing he withdrew a sum for the tyres? It's not absolute proof, of course, but again, if there is a withdrawal which is out of his normal pattern of withdrawals, it is a point in his favour.
I don't think that the fact the garage doesn't routinely give receipts means it is not declaring / paying tax correctly. There is no suggestion that a receipt was requested, or any indication it would not have been provided if requested. Lots of places don't automatically give receipts.All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
The garage really needs to be shut down as if they are not giving receipts, they are not paying tax correctly.
Utter rubbish. When I filled my car at Asda last week I didn't get a receipt. Are Asda fiddling the tax?This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
MichelleLou wrote: »
He calls my friend the next day and says it will cost £x amount, which my friend argues as it wasn't his fault etc.,
If the handbrake cable snapped it was because it was knackered, not because the mechanic pulled it on too much. It would have snapped when your friend pulled on the handbrake in the next week or so anyway.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Yes, they do, even for small cash payments.
Or course these places mentiod give reciepts.
Some only do on request though to save on waste. My local tesco for instance but they did usually ask you, though maybe not if you just run off, but if you hover for 2 seconds it occurs to them.
Everywhere will give a reciept on request. And if you pay cash you are stupid not to.0 -
If the handbrake cable snapped it was because it was knackered, not because the mechanic pulled it on too much. It would have snapped when your friend pulled on the handbrake in the next week or so anyway.
And as if they would give the OP his keys back, without paying; tell the garage to do one.0 -
"I need advice on where I stand legally as:"
Anywhere, not your problem.0
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