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  • FIRST POST
    • ayres
    • By ayres 11th Jul 18, 3:43 PM
    • 18Posts
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    ayres
    Garage trying to Charge after warranty work carried out.
    • #1
    • 11th Jul 18, 3:43 PM
    Garage trying to Charge after warranty work carried out. 11th Jul 18 at 3:43 PM
    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.
Page 1
    • alan_d
    • By alan_d 11th Jul 18, 3:50 PM
    • 79 Posts
    • 49 Thanks
    alan_d
    • #2
    • 11th Jul 18, 3:50 PM
    • #2
    • 11th Jul 18, 3:50 PM
    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
    • By ayres 11th Jul 18, 3:57 PM
    • 18 Posts
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    ayres
    • #3
    • 11th Jul 18, 3:57 PM
    • #3
    • 11th Jul 18, 3:57 PM
    Was no wording on warranty. or information given. relying on the consumer rights act 2015.
    • wgl2014
    • By wgl2014 11th Jul 18, 3:59 PM
    • 832 Posts
    • 527 Thanks
    wgl2014
    • #4
    • 11th Jul 18, 3:59 PM
    • #4
    • 11th Jul 18, 3:59 PM
    What's the fault on the van?

    Is this a private van or is it for a business?
    • ayres
    • By ayres 11th Jul 18, 4:08 PM
    • 18 Posts
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    ayres
    • #5
    • 11th Jul 18, 4:08 PM
    • #5
    • 11th Jul 18, 4:08 PM
    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
    • By AdrianC 11th Jul 18, 4:55 PM
    • 18,344 Posts
    • 16,583 Thanks
    AdrianC
    • #6
    • 11th Jul 18, 4:55 PM
    • #6
    • 11th Jul 18, 4:55 PM
    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)
    Originally posted by ayres
    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.
    Last edited by AdrianC; 11-07-2018 at 5:00 PM.
    • ayres
    • By ayres 11th Jul 18, 5:06 PM
    • 18 Posts
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    ayres
    • #7
    • 11th Jul 18, 5:06 PM
    • #7
    • 11th Jul 18, 5:06 PM
    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
    • By AdrianC 11th Jul 18, 5:09 PM
    • 18,344 Posts
    • 16,583 Thanks
    AdrianC
    • #8
    • 11th Jul 18, 5:09 PM
    • #8
    • 11th Jul 18, 5:09 PM
    An incorrect size tyre is unsafe and it should of failed the mot with it to.
    Originally posted by ayres
    But quick and easy to swap for the spare.
    • ayres
    • By ayres 11th Jul 18, 5:22 PM
    • 18 Posts
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    ayres
    • #9
    • 11th Jul 18, 5:22 PM
    • #9
    • 11th Jul 18, 5:22 PM
    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
    • By waamo 11th Jul 18, 5:26 PM
    • 4,178 Posts
    • 5,483 Thanks
    waamo
    Is this van used in the course of any business?
    This space for hire.
    • ayres
    • By ayres 11th Jul 18, 5:28 PM
    • 18 Posts
    • 0 Thanks
    ayres
    Van has been bought to convert to a camper so no business use, Does this make a difference?
    • waamo
    • By waamo 11th Jul 18, 5:32 PM
    • 4,178 Posts
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    waamo
    Van has been bought to convert to a camper so no business use, Does this make a difference?
    Originally posted by ayres
    Yes. As a consumer you have much greater rights. If this was a business to business transaction you wouldn't have much protection.
    This space for hire.
    • ayres
    • By ayres 11th Jul 18, 5:35 PM
    • 18 Posts
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    ayres
    Thats good to know. Thanks Waamo.

    So what happens if i go to small claims he's then ordered to refund and he doesn't pay?
    • waamo
    • By waamo 11th Jul 18, 5:36 PM
    • 4,178 Posts
    • 5,483 Thanks
    waamo
    Thats good to know. Thanks Waamo.

    So what happens if i go to small claims he's then ordered to refund and he doesn't pay?
    Originally posted by ayres
    Send the baliffs in.
    This space for hire.
    • ayres
    • By ayres 11th Jul 18, 5:38 PM
    • 18 Posts
    • 0 Thanks
    ayres
    At a cost of 30%ish?
    • ayres
    • By ayres 11th Jul 18, 5:39 PM
    • 18 Posts
    • 0 Thanks
    ayres
    Might be a silly question but when does it become theft? He is refusing to return my property?
    • stator
    • By stator 11th Jul 18, 5:39 PM
    • 6,486 Posts
    • 4,347 Thanks
    stator
    You appoint bailiffs.

    If you do take it to small claims, make sure you get the LEGAL name of the business and not any old trading name they use.

    If you get a CCJ against them and they fail to pay, it will affect their credit rating, so if the CCJ goes against them, they will probably pay, unless they are a dodgy company that will wind up soon anyway.

    Anyway, you can worry bout that later.

    Send a letter before action before you take them to SCC

    Might be a silly question but when does it become theft? He is refusing to return my property?
    Originally posted by ayres
    It doesn't. This is a civil dispute. You handed them the keys, so theft or TWOCing doesn't come into it
    Changing the world, one sarcastic comment at a time.
    • waamo
    • By waamo 11th Jul 18, 5:44 PM
    • 4,178 Posts
    • 5,483 Thanks
    waamo
    Baliffs charge 110 which you get back upon successful recovery of your money.
    This space for hire.
    • ayres
    • By ayres 11th Jul 18, 5:45 PM
    • 18 Posts
    • 0 Thanks
    ayres
    How would i find out the correct company name?
    I suspect they would just fold and change name, really feel dodgy about these guys.
    So worst case example if I'm understanding this correctly i could reject the van and they refuse to refund. i then go to small claims and they close the company down and i get nothing and they have the van and i have nothing except court fees? and they then sell the van on again and nothing i could do about it?
    • waamo
    • By waamo 11th Jul 18, 5:47 PM
    • 4,178 Posts
    • 5,483 Thanks
    waamo
    Do you have a receipt for the van? The company name will be on it.
    This space for hire.
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