Low value dispite and the small claims court

Low value dispite and the small claims court

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sugerbear

Original Poster:

4,034 posts

158 months

Wednesday 15th October 2014
quotequote all
I am currently in the process of attempting to get a refund of money I paid to a franchised dealer ( just over £70) for a diagnosis of a problem with my car.

They reset the warning without telling me what the problem was (in their words, they said they couldn't see anything) and the warning light/error message re-appeared the following week. I found someone that could connect to the pollution ecu and they diagnosed the problem instantly.

They dealer is reluctant to offer a full refund because they have (in their words) done nothing wrong. Though they have offered me a free MOT. For obvious reasons I have no intention of using them ever again. I have asked for the logs from their diagnostic machine to prove/disprove their claim of no fault being present.

But for seventy quid it seems a rather low amount to go chasing through the small claims court.

Are there any alternatives?

mcflurry

9,092 posts

253 months

Wednesday 15th October 2014
quotequote all
ask for a £70 discount of the next service?

EskimoArapaho

5,135 posts

135 months

Wednesday 15th October 2014
quotequote all
In reality, no. But...

Maybe persist a bit more. On a Saturday, go to the showroom before opening time, and "accidentally break-down" just inside the entrance (their private property), with the unfortunate side effect that it prevents would-be buyers from entering their car park.

Leave someone in the car (is there a little old lady with some knitting that you could borrow?) and go into the showroom to negotiate for the full refund.

SydneyBridge

8,609 posts

158 months

Wednesday 15th October 2014
quotequote all
forget about it and move on
Not worth the hassle for £70- don't use the dealer again

JustinP1

13,330 posts

230 months

Wednesday 15th October 2014
quotequote all
sugerbear said:
I am currently in the process of attempting to get a refund of money I paid to a franchised dealer ( just over £70) for a diagnosis of a problem with my car.

They reset the warning without telling me what the problem was (in their words, they said they couldn't see anything) and the warning light/error message re-appeared the following week. I found someone that could connect to the pollution ecu and they diagnosed the problem instantly.

They dealer is reluctant to offer a full refund because they have (in their words) done nothing wrong. Though they have offered me a free MOT. For obvious reasons I have no intention of using them ever again. I have asked for the logs from their diagnostic machine to prove/disprove their claim of no fault being present.

But for seventy quid it seems a rather low amount to go chasing through the small claims court.

Are there any alternatives?
Did you specifically agree that if they were not able to diagnose the problem that you would not have to pay?

DIW35

4,145 posts

200 months

Wednesday 15th October 2014
quotequote all
I believe the minimum amount that the small claims court can be used for is £100, so that won't be an option for you if your dispute is for £70.

johnoz

1,016 posts

192 months

Wednesday 15th October 2014
quotequote all
I had this with BMW Mini, EML reappeared a week later, I asked for the printout of the first diagnostics, studied both in the waiting room not having a clue what i was looking at! lol

I then saw there was the same fault code on both diagnostics, so got the repair and a refund of the 2nd diagnostics!

sugerbear

Original Poster:

4,034 posts

158 months

Wednesday 15th October 2014
quotequote all
JustinP1 said:
sugerbear said:
I am currently in the process of attempting to get a refund of money I paid to a franchised dealer ( just over £70) for a diagnosis of a problem with my car.

They reset the warning without telling me what the problem was (in their words, they said they couldn't see anything) and the warning light/error message re-appeared the following week. I found someone that could connect to the pollution ecu and they diagnosed the problem instantly.

They dealer is reluctant to offer a full refund because they have (in their words) done nothing wrong. Though they have offered me a free MOT. For obvious reasons I have no intention of using them ever again. I have asked for the logs from their diagnostic machine to prove/disprove their claim of no fault being present.

But for seventy quid it seems a rather low amount to go chasing through the small claims court.

Are there any alternatives?
Did you specifically agree that if they were not able to diagnose the problem that you would not have to pay?
No, not at all. They told me that there were no problems and they had reset the warning light. The same warning message appeared on the pollution system the week after. The exact same message that had appeared before I took the car in. Took it to someone else who then told me the exact problem. The long and short is that one of the glow plugs is duff and that is used during the dpf regen, hence the warning message.

I don't live in the location of the garage ( near to parents) so returning for a second diagnostic wasn't an option.

The garage have told me that the hard drive was changed in September so they can't provide a printout. Convenient eh.

JustinP1

13,330 posts

230 months

Wednesday 15th October 2014
quotequote all
So what's your claim going to say? I'm not sure you have one.

sugerbear

Original Poster:

4,034 posts

158 months

Wednesday 15th October 2014
quotequote all
Quite simple. I took the car to the garage to have the problem diagnosed, I was very specific about that.

The garage didn't diagnose the problem they reset the warning and the fault remained.

Or do you think on the balances of probability the warning light problem wasn't registered in the ecu and that the fault that occurred a week later was unconnected?

MagneticMeerkat

1,763 posts

205 months

Wednesday 15th October 2014
quotequote all
sugerbear said:
Quite simple. I took the car to the garage to have the problem diagnosed, I was very specific about that.

The garage didn't diagnose the problem they reset the warning and the fault remained.

Or do you think on the balances of probability the warning light problem wasn't registered in the ecu and that the fault that occurred a week later was unconnected?
It's a semantic issue here, but interesting.

In effect your argument is that you paid for this garage to perform a service - specifically running a diagnostic check to see if there was an underlying fault that caused the car to display a DPF system warning.

This they did. There's no dispute they actually ran the diagnostic check. Their machine was too primitive to actually detect the root cause of the warning light. Instead, in its ignorance, it decided nothing was wrong.

The garage chose to believe their machine, presumably on the basis that it did a superficial check and found nothing. Assuming the warning light to be erroneous, they reset it.

Now my (totally unqualified) opinion is that the garage did perform the service you requested. They have fulfilled that aspect of the contract, such that it exists.

Your issue is with the quality of their service. Quite how a small claims court would deal with that I don't know. They've done what was asked, just not to the standard you required.


JustinP1

13,330 posts

230 months

Wednesday 15th October 2014
quotequote all
OP, MagneticMeerkat above has picked up what I'm getting at.

You paid the garage to complete work to a reasonable standard. There was no contract to fix or come up with a particular outcome.

You will go to court and argue someone else a different day got a different result. They will argue that the results they got were correct. After all, it stands to reason if they found a fault, they could presumably give themselves some more business fixing it.

sugerbear

Original Poster:

4,034 posts

158 months

Thursday 16th October 2014
quotequote all
I can see the point that you are both making.

It rankles with me but ultimately the garage are the losers as you have pointed out, I "lost" £70, and I know that the garage had the right equipment to diagnose, my usual garage didn't have the pollution diagnosis computer, hence why it had to go a main dealer.

They also missed another issue (engine was blowing past the injector and causing a smell inside the car) which they admitted as a common problem, but they did find that one of the rear springs was corroded.

Both those issues would have cost in the region of £300-£600 to fix at a main dealer, money they have lost to another garage.




goneape

2,839 posts

162 months

Thursday 16th October 2014
quotequote all
You have to prove that the service was not carried out with reasonable care and skill.

To chase it through the courts you will have to pay £25 to lodge the claim and another £25 to drive it to a hearing, I think. I went through this issue a few months ago.

They might roll over if you send them a letter before action (google it), but on the other hand they might not - the garage have to prove they've made reasonable efforts to settle the matter with you, which it sounds like they have.

The whole thing seems so marginal it's not worth the hassle. If you want some satisfaction, a snotty letter to the dealer's HQ might give you a warm fuzzy feeling instead.

BertBert

19,040 posts

211 months

Thursday 16th October 2014
quotequote all
If they have offered some recompense in the form of a free MoT which you can't use, then ask them for something you can use (like some money or some engine oil or something) and move on I reckon.
Bert

Eclassy

1,201 posts

122 months

Thursday 16th October 2014
quotequote all
BertBert said:
If they have offered some recompense in the form of a free MoT which you can't use, then ask them for something you can use (like some money or some engine oil or something) and move on I reckon.
Bert
This.

No worth the hassle over £70. I am one who likes to fight these type of things but seeing that it would be very tricky to prove, its better to accept their compensation and move on.

Had an experience at a main dealer where I was duped into changing brake pads that was about 50% worn. I complained with evidence and they gave me £100 off my next service. I accepted it but that didnt stop me from escalating it to HQ.

Mine is slightly differeny ftom yours as there is something to show for money spent. With yours, the £70 would have been better spent on some lines.