Garage trying to Charge after warranty work carried out.

ayres · 11 July 2018 at 3:43PM

So bought a van 8 weeks ago 5 days after i reported the garage with a problem the garage was very difficult about me returning the vehicle to them for repair, 14 days after purchase i got the van back to them myself.
Now they have had the van over 6 weeks and been spinning all sorts of stories if they even answered the phone. Finally 2 days ago i got a call saying the work was complete and the bill would be £300 as their warranty only covers 50% of work. which i know legally they are responsible for the whole amount and should be returning the van. they are refusing to release the van or refund my money (£8400).
What should i do? Is this now theft?
I'm grateful for any help or experience.

alan_d · 11 July 2018 at 3:50PM

What does the wording of the warranty say?
Usually only certain items are covered upto a specified value. Wear & tear items usually aren't.

ayres · 11 July 2018 at 3:57PM

Was no wording on warranty. or information given. relying on the consumer rights act 2015.

wgl2014 · 11 July 2018 at 3:59PM

What's the fault on the van?

Is this a private van or is it for a business?

ayres · 11 July 2018 at 4:08PM

Private van the van had 4 faults. incorrect tyre on front right (20mm smaller than other 3) (didn't notice this until i got van on flat surface, but it i did just go through an mot with that tyre) leak from coolant system. Combi van and rear seat jammed in place. air con leaking (specifically checked the air con was in full working order before agreeing to buy the vehicle) so vehicle was not safe to drive and was not as described when sold.
Have spoke at length with citizens advice and they have said i should be getting either a refund or a part refund and van returned for the inconvenience of not having van for 6 weeks. id be happy with just having van back but how do i get it back from the garage?

AdrianC · 11 July 2018 at 4:55PM

ayres wrote: »

incorrect tyre on front right (20mm smaller than other 3) (didn't notice this until i got van on flat surface, but it i did just go through an mot with that tyre)

A tyre that's the wrong size should be a test fail, instantly.

leak from coolant system. Combi van and rear seat jammed in place. air con leaking (specifically checked the air con was in full working order before agreeing to buy the vehicle) so vehicle was not safe to drive and was not as described when sold.

Which of those makes it "unsafe to drive"?

And, come to that, which of those trivialities has taken six weeks of garage time to sort?

Anyway, going back to the thread title - there's a big difference between warranty work (where the charge may well be justified) and repair under your consumer rights. Your easiest way forward for the charge is to pay it under protest, then take it to a small claim.

If you want to reject the vehicle, and they won't accept it, then you have to return it/all keys/paperwork, and take them to court for the value.

ayres · 11 July 2018 at 5:06PM

An incorrect size tyre is unsafe and it should of failed the mot with it to.
No idea which one has taken so long as they will not communicate.
I am extremely worried about the money back option as believe i will end up loosing both van and money. They seem the kind that would ignore a county court instruction.
they have had all keys and van for 6 weeks now we haven't received a log book through as they did not send it off (we have now sent off a form to request a log book from DVLA

Am i right that if i reject it they could wiggle out of paying the refund after court has instructed it.

AdrianC · 11 July 2018 at 5:09PM

ayres wrote: »

An incorrect size tyre is unsafe and it should of failed the mot with it to.

But quick and easy to swap for the spare.

ayres · 11 July 2018 at 5:22PM

But van was still sold in an unsafe condition.
But was agreed straight away he would do this work and wasn't until 6 weeks later that he has tried to impose a cost.
Happy to reject van but as said very worried this could lead to me having no van and no money.

waamo · 11 July 2018 at 5:26PM

Is this van used in the course of any business?

ayres · 11 July 2018 at 5:28PM

Van has been bought to convert to a camper so no business use, Does this make a difference?

Garage trying to Charge after warranty work carried out.

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