Damaged whilst at garage
Discussion
My car went to one of 'main dealers' on July 12th with a noisy cam and low oil pressure.
After a s
t load of fk ups I picked it up today! These included giving me the car back with no oil pressure showing!
I picked the car up and it has damage on it - scuffs to the front wing and chips out if the paint around the passenger door and on the bonnet where the lugs have caught the surround. They had to take the clocks out - I was warned the veneer might get chipped - it's fked.
I was told on collection that their standard terms and conditions state they cannot be held responsible for damage caused whilst with them.
This smacks of complete bks. I'd really appreciate some advice on this. The car has been a nightmare since I bought it. The dealer warranty has covered a lot of it, however they have had it for longer than I have in the last two years.
Does anyone know if this clause is enforceable?
Does anyone want to know which garage operates like this? PM me.
After a s
t load of fk ups I picked it up today! These included giving me the car back with no oil pressure showing! I picked the car up and it has damage on it - scuffs to the front wing and chips out if the paint around the passenger door and on the bonnet where the lugs have caught the surround. They had to take the clocks out - I was warned the veneer might get chipped - it's f
ked. I was told on collection that their standard terms and conditions state they cannot be held responsible for damage caused whilst with them.
This smacks of complete b
ks. I'd really appreciate some advice on this. The car has been a nightmare since I bought it. The dealer warranty has covered a lot of it, however they have had it for longer than I have in the last two years. Does anyone know if this clause is enforceable?
Does anyone want to know which garage operates like this? PM me.
I'm no lawyer but I would have thought they have a duty of care while they have your car in their possession. Does liability insurance (theirs) not cover this type of thing?
I would ask for a copy of their terms and conditions, and speak to someone like the Citizens Advice Bureau or Trading Standards as a first step.
I assume from your post that they've already admitted the damage was their fault. Take pictures of the damage now if you haven't already done so
I would ask for a copy of their terms and conditions, and speak to someone like the Citizens Advice Bureau or Trading Standards as a first step.
I assume from your post that they've already admitted the damage was their fault. Take pictures of the damage now if you haven't already done so
I've pictures, they took pictures.
They chap I dealt with there has been as good as possible and is going back to the workshop manager.
However, my last conversation with that person wasn't great, his view was on the previous time I tried to pick it up and it wasn't fixed, yet again,was that they were working on my car out of good will!
Not that in 4k miles, two years of ownership in which I've had the car less than 10 months, and the car has needed - new cam, valley gaskets, gearbox rebuild, clutch masters/slave, diff, battery, complete set of hoses, new oil pressure gauge and sender, new speedo and senders, that perhaps the car wasn't prepared for sale as well as it might have been? Oh, and not one of these problems has been resolved on the first visit.
They chap I dealt with there has been as good as possible and is going back to the workshop manager.
However, my last conversation with that person wasn't great, his view was on the previous time I tried to pick it up and it wasn't fixed, yet again,was that they were working on my car out of good will!
Not that in 4k miles, two years of ownership in which I've had the car less than 10 months, and the car has needed - new cam, valley gaskets, gearbox rebuild, clutch masters/slave, diff, battery, complete set of hoses, new oil pressure gauge and sender, new speedo and senders, that perhaps the car wasn't prepared for sale as well as it might have been? Oh, and not one of these problems has been resolved on the first visit.
It sounds like this has been an ongoing issue which has escalated with the latest events
If you're paying them for the work or they are completing work you've paid them for, it's not 'good will' it's their job.
If you are asking them to fix things (at their cost) that were not right when you bought the car then I think that would come under the sale of goods act.
If you want to take action then you need to speak to a professional and discuss all the details of your dealings with the garage concerned. the advice on PH while well intentioned can only be opinion based on the information provided and as we all know the devil is in the detail.
I would sit down and write out a diary of events starting with your first contact with the garage, what was agreed and paid for and the issues that have occurred. This would then be something you could use to discuss with the garage to reach a settlement or take to a third party.
If you're paying them for the work or they are completing work you've paid them for, it's not 'good will' it's their job.
If you are asking them to fix things (at their cost) that were not right when you bought the car then I think that would come under the sale of goods act.
If you want to take action then you need to speak to a professional and discuss all the details of your dealings with the garage concerned. the advice on PH while well intentioned can only be opinion based on the information provided and as we all know the devil is in the detail.
I would sit down and write out a diary of events starting with your first contact with the garage, what was agreed and paid for and the issues that have occurred. This would then be something you could use to discuss with the garage to reach a settlement or take to a third party.
reading back over your posts and the issues it reads of no check/service by the company prior to letting it leave the garage. It may have been prepared for sale, but seeing that they had it for a long time prior to sale I would of wanted it serviced/checked prior to leaving the garage (I note they serviced it when it went back first time... which backs up my thoughts).
As for damage.... hard to prove, unless you have pre agreed check sheet (like most hire companies and transport companies use)...... I've had dashes damaged, scuffs on the paint work, broken/cracked trims on various cars over the years... some items resolved amicably, others have left a bitter taste and resulted me in not using their services (two of them being TVR specialists).
As for damage.... hard to prove, unless you have pre agreed check sheet (like most hire companies and transport companies use)...... I've had dashes damaged, scuffs on the paint work, broken/cracked trims on various cars over the years... some items resolved amicably, others have left a bitter taste and resulted me in not using their services (two of them being TVR specialists).
Colin RedGriff said:
It sounds like this has been an ongoing issue which has escalated with the latest events
If you're paying them for the work or they are completing work you've paid them for, it's not 'good will' it's their job.
If you are asking them to fix things (at their cost) that were not right when you bought the car then I think that would come under the sale of goods act.
If you want to take action then you need to speak to a professional and discuss all the details of your dealings with the garage concerned. the advice on PH while well intentioned can only be opinion based on the information provided and as we all know the devil is in the detail.
I would sit down and write out a diary of events starting with your first contact with the garage, what was agreed and paid for and the issues that have occurred. This would then be something you could use to discuss with the garage to reach a settlement or take to a third party.
+1If you're paying them for the work or they are completing work you've paid them for, it's not 'good will' it's their job.
If you are asking them to fix things (at their cost) that were not right when you bought the car then I think that would come under the sale of goods act.
If you want to take action then you need to speak to a professional and discuss all the details of your dealings with the garage concerned. the advice on PH while well intentioned can only be opinion based on the information provided and as we all know the devil is in the detail.
I would sit down and write out a diary of events starting with your first contact with the garage, what was agreed and paid for and the issues that have occurred. This would then be something you could use to discuss with the garage to reach a settlement or take to a third party.
Colin RedGriff said:
...they have a duty of care while they have your car in their possession...
All day long.They can write whatever terms and conditions they like, but they can not 'write out' your statutory rights.
If the vehicle was in their care, and something goes wrong that they could have reasonably prevented or taken reasonable precautions to prevent, then they are liable.
As others have said, start with legal aid, but remember also that most lawyers charge a very reasonable fee for an initial consultation (usually 1/2 hour).
Be as well prepared as possible when visiting your chosen lawyer; 'reasonable' that charge may be, but you will be paying and want the best value for money in that visit.
I would get on to trading standards first before going legal, much cheaper for sure.
When you take your car to a garage for servicing or repair, you enter into a legally binding contract with the garage owner, which is controlled by many laws including the Supply of Goods and Services Act 1982 and the Sale and Supply of Goods to Consumers Regulations 2002. These laws give you certain consumer (sometimes referred to as statutory) rights under the contract.You are entitled to expect that the work is carried out with reasonable care and skill within a reasonable time and at a reasonable charge. If a part is replaced, the new part should be of satisfactory quality, fit for purpose, and as described.
When you take your car to a garage for servicing or repair, you enter into a legally binding contract with the garage owner, which is controlled by many laws including the Supply of Goods and Services Act 1982 and the Sale and Supply of Goods to Consumers Regulations 2002. These laws give you certain consumer (sometimes referred to as statutory) rights under the contract.You are entitled to expect that the work is carried out with reasonable care and skill within a reasonable time and at a reasonable charge. If a part is replaced, the new part should be of satisfactory quality, fit for purpose, and as described.
Under the sale of goods act any fault that occurs on a vehicle in the first 6months is deemed to have been there when sold presumably from the above they were the supplying dealer. Been through this with my daughters car engine grenaded after five months eventually got a replacement engine FOC by getting the finance company involved. If you have finance on car hand it over to them they messed them around for 10 days until they threatened them with withdrawing finance facilities and they soon sorted it at a garage of our choice. This sucks when we has a business handle customers property we are deemed responsible for it I hope you get resolution quickly. Citizens advice usually have a solicitor on hand who you can see FOC for advice initially
Ian
Ian
I've been in the trade almost 20 years & would be lying if I stated I had never damaged a customers car
It's what happens after the car is damaged that shows weather a garage are any good or not & I have many very happy & loyal customers
By all means chase the garage to get the damage sorted but don't let them get their hands on you p&j ever again
It's what happens after the car is damaged that shows weather a garage are any good or not & I have many very happy & loyal customers
By all means chase the garage to get the damage sorted but don't let them get their hands on you p&j ever again
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