Need A Bit Of Legal Advice

jims-terrano · 03-11-2017, 17:50

Hi guys, you remember me posting about the diesel Polo belonging to my son. Well another garage towed it in and racked up a bill of nearly £900 to replace the faulty oil pump and drive along with timing belt and associated parts. Once running engine had a knock at the top end so they sent injectors away for testing.
The garage is now saying it needs a new engine at £2500 which is the cost of the car pretty much. Besides the upset of this the garage are wanting the £900.

How do we stand on paying this £900?

Personally I think this garage is some how ripping him off.

don simon · 03-11-2017, 19:59

Quote:

Originally Posted by jims-terrano

Hi guys, you remember me posting about the diesel Polo belonging to my son. Well another garage towed it in and racked up a bill of nearly £900 to replace the faulty oil pump and drive along with timing belt and associated parts. Once running engine had a knock at the top end so they sent injectors away for testing.
The garage is now saying it needs a new engine at £2500 which is the cost of the car pretty much. Besides the upset of this the garage are wanting the £900.

How do we stand on paying this £900?

Personally I think this garage is some how ripping him off.

Go and get proper legal advice as this is getting into contract law territory, which can be complicated as it'll be down to who said what and when.
https://www.theaa.com/driving-advice/legal/car-repairs
I think it would come down to being able to identify the second, more serious, fault when the car was delivered to the garage. And were you given any warning of this by the garage.
The mechanic should have the experience to know of potential problems and make you aware of future costs before going ahead with the first repair.
Would you have written the car off if you had known the size of the, current, bill, before having any work done?
http://www.legislation.gov.uk/ukpga/...ntents/enacted
It'll be buried in here somewhere.
For this, professional legal advice all the way.
That's a real S**tt*r!
Best of luck.

jims-terrano · 03-11-2017, 20:36

Yeah I think it’s going to come to legal advice. I have a free legal advice line for me and my family through work. The car isn’t looking good I’m afraid so he may end up cutting his losses and off loading the car to the likes of motor hog and taking a hit.
Of course there’s nothing in writing so I should imagine anything would be difficult to prove for both parties.

RJL Services · 03-11-2017, 20:36

i would tell them to whistle for the bill and get some legal advice before you part with any money also if you pay it you are accepting the diagnosis and work they have done get some legal advice first before parting with any hard earned cash is what i would do mate

solarman216 · 03-11-2017, 21:38

Agreed you need legal help here, they should not have racked up such a bill without authorisation, Rick

jims-terrano · 03-11-2017, 22:38

Well looks like we have a price for a replacement engine, think we will go to the garage tomorrow and have a sensible conversation and just see exactly what’s going on and if they’re prepared to move on the price. I guess the main thing is to be polite and if needed firm but not to lose my rag. Fingers crossed.

macabethiel · 04-11-2017, 11:03

I agree its a complicated question that needs proper legal advice. It will depend on what you signed on the job card when the car was first booked in. You then look at the small print on this initial contract. If nothing was signed on your side then it is down to common law as I understand things. Most places want a signature to avoid common law rights but you can't sign away your rights enshrined in today's consumer legislation protection.

In the real world none of this helps I would stay calm and see what they might offer when you speak to the head honcho. If the value of the car now is below what the bill comes to you might be offered the chance to walk away with no bill and they keep the car in lieu of the amount owing. If by paying the bill the car is worth more in the market place as either a trade sale or private sale or as a trade in deposit then you pay out and get what you can. If the garage sells cars they might offer you an option trade it in and do a deal.

Best of luck.

jims-terrano · 04-11-2017, 13:24

Well my son has decided to cut his losses and get the car back and put it in px against another.

Thanks for the advice guys.

jims-terrano · 23-11-2017, 12:18

Still no progress the poor Polo is still sat outside the garage. They’ve given him a bill of £1100 for a car that runs but knocks badly. Despite me going down and reasoning they aren’t going to move. I’ve just spoken to a policeman friend and he has advised not to simply drive the car away whatever happens because believe it or not it’s Taking Without Owners Concent, he did quote the law to google but I can’t remember.
My son still hasn’t decided what to do, he saw an engine at Motor Hog but he thought about it too long and it was gone.

macabethiel · 23-11-2017, 12:32

Quote:

Originally Posted by jims-terrano

Still no progress the poor Polo is still sat outside the garage. They’ve given him a bill of £1100 for a car that runs but knocks badly. Despite me going down and reasoning they aren’t going to move. I’ve just spoken to a policeman friend and he has advised not to simply drive the car away whatever happens because believe it or not it’s Taking Without Owners Concent, he did quote the law to google but I can’t remember.
My son still hasn’t decided what to do, he saw an engine at Motor Hog but he thought about it too long and it was gone.

Correct advice it is TWOC when a vehicle is being held against an outstanding bill. In civil law it is classed as something like "theft whilst bailee".

don simon · 23-11-2017, 13:31

A vehicle can be held for an outstanding bill.
I'd be looking at SOGA or whatever it's called nowadays, there will be recourse for damage as a consequence of work, not fulfilling their side of the contract etc. They will equally have protection too, but here it sounds unreasonable on their side, so the law should help you guys.
Speak to the professionals or put it down to experience.
Good luck.

macabethiel · 23-11-2017, 18:21

Quote:

Originally Posted by jims-terrano

Still no progress the poor Polo is still sat outside the garage. They’ve given him a bill of £1100 for a car that runs but knocks badly. Despite me going down and reasoning they aren’t going to move. I’ve just spoken to a policeman friend and he has advised not to simply drive the car away whatever happens because believe it or not it’s Taking Without Owners Concent, he did quote the law to google but I can’t remember.
My son still hasn’t decided what to do, he saw an engine at Motor Hog but he thought about it too long and it was gone.

Is the Garage a member of a professional association that has mediation services ?

03-11-2017, 17:50	#1
jims-terrano Senior Member Join Date: Sep 2004 Location: UK Posts: 12,965	Need A Bit Of Legal Advice Hi guys, you remember me posting about the diesel Polo belonging to my son. Well another garage towed it in and racked up a bill of nearly £900 to replace the faulty oil pump and drive along with timing belt and associated parts. Once running engine had a knock at the top end so they sent injectors away for testing. The garage is now saying it needs a new engine at £2500 which is the cost of the car pretty much. Besides the upset of this the garage are wanting the £900. How do we stand on paying this £900? Personally I think this garage is some how ripping him off.

03-11-2017, 21:38	#5
solarman216 Off road maniac Join Date: Dec 2009 Location: Bexhill on Sea Vehicle: Y60 Patrol Me, 3 ltr Mrs Posts: 17,428	Agreed you need legal help here, they should not have racked up such a bill without authorisation, Rick __________________ Ex banger racer now off road maniac Lokka on the front with manual hubs Diff lock on rear 3 inch SS straight through exhaust Manly winch bumper with 13000 lb winch 10 spike ground anchor, with multiple straps and blocks Super strong body cills capped with scaffold pole 20% stronger springs all round aggressive off road tyres on wheels so just swap. Aim to get stuck and be completely self sufficient in extraction, love getting muddy, 2ft deep is good but rare.

04-11-2017, 11:03	#7
macabethiel Senior Member Join Date: Aug 2008 Location: Derby Vehicle: Freelander & Jeep GC 3.0 Posts: 4,416	Its a complicated situation here ! I agree its a complicated question that needs proper legal advice. It will depend on what you signed on the job card when the car was first booked in. You then look at the small print on this initial contract. If nothing was signed on your side then it is down to common law as I understand things. Most places want a signature to avoid common law rights but you can't sign away your rights enshrined in today's consumer legislation protection. In the real world none of this helps I would stay calm and see what they might offer when you speak to the head honcho. If the value of the car now is below what the bill comes to you might be offered the chance to walk away with no bill and they keep the car in lieu of the amount owing. If by paying the bill the car is worth more in the market place as either a trade sale or private sale or as a trade in deposit then you pay out and get what you can. If the garage sells cars they might offer you an option trade it in and do a deal. Best of luck.

03-11-2017, 20:36	#3
jims-terrano Senior Member Join Date: Sep 2004 Location: UK Posts: 12,965	Yeah I think it’s going to come to legal advice. I have a free legal advice line for me and my family through work. The car isn’t looking good I’m afraid so he may end up cutting his losses and off loading the car to the likes of motor hog and taking a hit. Of course there’s nothing in writing so I should imagine anything would be difficult to prove for both parties.

03-11-2017, 20:36	#4
RJL Services Senior Member Join Date: Jan 2011 Location: southwest gloucester Vehicle: Nissan Terrano 2.7 2003 Posts: 615	i would tell them to whistle for the bill and get some legal advice before you part with any money also if you pay it you are accepting the diagnosis and work they have done get some legal advice first before parting with any hard earned cash is what i would do mate

03-11-2017, 22:38	#6
jims-terrano Senior Member Join Date: Sep 2004 Location: UK Posts: 12,965	Well looks like we have a price for a replacement engine, think we will go to the garage tomorrow and have a sensible conversation and just see exactly what’s going on and if they’re prepared to move on the price. I guess the main thing is to be polite and if needed firm but not to lose my rag. Fingers crossed.

04-11-2017, 13:24	#8
jims-terrano Senior Member Join Date: Sep 2004 Location: UK Posts: 12,965	Well my son has decided to cut his losses and get the car back and put it in px against another. Thanks for the advice guys.

23-11-2017, 12:18	#9
jims-terrano Senior Member Join Date: Sep 2004 Location: UK Posts: 12,965	Still no progress the poor Polo is still sat outside the garage. They’ve given him a bill of £1100 for a car that runs but knocks badly. Despite me going down and reasoning they aren’t going to move. I’ve just spoken to a policeman friend and he has advised not to simply drive the car away whatever happens because believe it or not it’s Taking Without Owners Concent, he did quote the law to google but I can’t remember. My son still hasn’t decided what to do, he saw an engine at Motor Hog but he thought about it too long and it was gone.

23-11-2017, 13:31	#11
don simon Senior Member Join Date: Oct 2014 Location: Gone. Vehicle: Terrano ii Posts: 2,215	A vehicle can be held for an outstanding bill. I'd be looking at SOGA or whatever it's called nowadays, there will be recourse for damage as a consequence of work, not fulfilling their side of the contract etc. They will equally have protection too, but here it sounds unreasonable on their side, so the law should help you guys. Speak to the professionals or put it down to experience. Good luck.