Unreliable mechanic
Discussion
Just thought I would ask for some advice as it seems I have been shat upon by a mechanic I have used and trusted for the past couple of years.
A pal recommended this guy who is an experienced BMW mechanic and I had him fit the coilover suspension to my e21 323i. He did the job at a fair price and I had no complaints. Over the next year he did several other jobs and I was happy with the price he charged and the quality of work. Sometimes he took a bit longer than I would have liked but apart from that, all was well.
Then 16 months ago I asked him to quote to recommission a BMW that needed a top end rebuild, fitting of triple carbs, a new front panel and checking brakes, fitting headlights & stuff. Its an old BMW so all pretty basic mechanic type stuff. We agreed a price for the whole job and as he would be squeezing the car in between other jobs, 6 months didn't seem to unreasonable. Had it been a job where he'd worked on it 8 hours a day, it would have been a weeks work. Maybe 10 days maximum.
Here we are 16 months later and the car is still miles from being finished. That's one year and four months!
3 deadlines agreed and missed inc 2 professional photo shoots where people were let down at the last minute.
The photographs of the build that I was promised were ''lost'' on a memory card. (yeah, really?)
I was given odd snippets about progress and reasons for delays, such as the engine ''knock'' that needed fixing. Then, back in October, I wrote and laid my cards on the table. I said I was unhappy with the delay and said I wanted the car finished within 14 days. In return, I got an apology and a promise that the car may take a few days more than the 14 I suggested but it would still only be 3 weeks or so at the most. That then became a request to deliver the car to me today, Boxing Day, all finished so that it could be photographed for a magazine feature. I made it quite clear that people were counting on the car being done and he promised it would be there. He also promised to send me photos that would show the work he had done. I live 2 hours away and e knows how important it was to me to be able to see some progress.
Just over a week ago I sent repeated requests for photos of his work. After 3 days of reasons why he was unable to send photos, he sends me 3 pictures.
Picture number 1 - a fan, picture number 2 - a fuel pressure regulator, and picture number 3 is of the engine. You can see that not only are there no clips on water hoses, or fuel lines, or mounting bolts in the rad, or bolts holding the inlet manifold & carbs on etc etc. The front panel is still in primer and there are no lights, grills etc. This engine which he told me ''sounds really lovely'' has clearly never even been started. It's obvious that there has been no progress and despite 16 months and several thousand pounds, there's no way this car will be finished for a long while yet.
I know I have been stupid in giving payment in advance but, in my defence, he has done my other cars without problems and I know where he lives, have mutual mate etc. I trusted him. I treat people how I expect to be treated.
So I guess I'm asking for help / advice? I'm not a rich man and cannot afford to lose so much money. I was disabled in an accident and got a bit of cash from that but I survive on a pretty meagre income. I told him I wanted to see the car for myself but he won't be there till Wednesday. He's had his wife texting me saying I won't find anyone else who'll do what he does cheaper and saying he needs a break to be with his family so can't show me the car before Wednesday. All I think is either they're trying to buy time to knock it out quickly or she doesn't know how little he's done. Mind you, why the heck is she texting me anyway? I'm a decent bloke and I just feel like I'm having the pi55 taken out of me.
I feel I have good reason to sue for breach of contract and believe he's deceived me by telling me he's done work he hasn't. Are their any solicitors that anyone can suggest? Have I got a case?
A pal recommended this guy who is an experienced BMW mechanic and I had him fit the coilover suspension to my e21 323i. He did the job at a fair price and I had no complaints. Over the next year he did several other jobs and I was happy with the price he charged and the quality of work. Sometimes he took a bit longer than I would have liked but apart from that, all was well.
Then 16 months ago I asked him to quote to recommission a BMW that needed a top end rebuild, fitting of triple carbs, a new front panel and checking brakes, fitting headlights & stuff. Its an old BMW so all pretty basic mechanic type stuff. We agreed a price for the whole job and as he would be squeezing the car in between other jobs, 6 months didn't seem to unreasonable. Had it been a job where he'd worked on it 8 hours a day, it would have been a weeks work. Maybe 10 days maximum.
Here we are 16 months later and the car is still miles from being finished. That's one year and four months!
3 deadlines agreed and missed inc 2 professional photo shoots where people were let down at the last minute.
The photographs of the build that I was promised were ''lost'' on a memory card. (yeah, really?)
I was given odd snippets about progress and reasons for delays, such as the engine ''knock'' that needed fixing. Then, back in October, I wrote and laid my cards on the table. I said I was unhappy with the delay and said I wanted the car finished within 14 days. In return, I got an apology and a promise that the car may take a few days more than the 14 I suggested but it would still only be 3 weeks or so at the most. That then became a request to deliver the car to me today, Boxing Day, all finished so that it could be photographed for a magazine feature. I made it quite clear that people were counting on the car being done and he promised it would be there. He also promised to send me photos that would show the work he had done. I live 2 hours away and e knows how important it was to me to be able to see some progress.
Just over a week ago I sent repeated requests for photos of his work. After 3 days of reasons why he was unable to send photos, he sends me 3 pictures.
Picture number 1 - a fan, picture number 2 - a fuel pressure regulator, and picture number 3 is of the engine. You can see that not only are there no clips on water hoses, or fuel lines, or mounting bolts in the rad, or bolts holding the inlet manifold & carbs on etc etc. The front panel is still in primer and there are no lights, grills etc. This engine which he told me ''sounds really lovely'' has clearly never even been started. It's obvious that there has been no progress and despite 16 months and several thousand pounds, there's no way this car will be finished for a long while yet.
I know I have been stupid in giving payment in advance but, in my defence, he has done my other cars without problems and I know where he lives, have mutual mate etc. I trusted him. I treat people how I expect to be treated.
So I guess I'm asking for help / advice? I'm not a rich man and cannot afford to lose so much money. I was disabled in an accident and got a bit of cash from that but I survive on a pretty meagre income. I told him I wanted to see the car for myself but he won't be there till Wednesday. He's had his wife texting me saying I won't find anyone else who'll do what he does cheaper and saying he needs a break to be with his family so can't show me the car before Wednesday. All I think is either they're trying to buy time to knock it out quickly or she doesn't know how little he's done. Mind you, why the heck is she texting me anyway? I'm a decent bloke and I just feel like I'm having the pi55 taken out of me.
I feel I have good reason to sue for breach of contract and believe he's deceived me by telling me he's done work he hasn't. Are their any solicitors that anyone can suggest? Have I got a case?
Edited by e21Mark on Monday 26th December 16:23
Ask for a refund on work incomplete.
If he obliges just take the car as it is and leave it at that. If he refuses a refund take the car and spread the word locally about what has happened. You have already tried giving him deadlines etc which has been a fruitless experience.
Time to get tough. Have the car back and save some cash to get the work finished elsewhere.
If he obliges just take the car as it is and leave it at that. If he refuses a refund take the car and spread the word locally about what has happened. You have already tried giving him deadlines etc which has been a fruitless experience.
Time to get tough. Have the car back and save some cash to get the work finished elsewhere.
If he has had it for a year and half and done f
k all, I'd take the car back, and be seeking legal advice on how to get the money back for the work that he clearly has not done. If the job really was fairly easy work and he has produced a good standard work in the past, then he is nothing more than a conman.
k all, I'd take the car back, and be seeking legal advice on how to get the money back for the work that he clearly has not done. If the job really was fairly easy work and he has produced a good standard work in the past, then he is nothing more than a conman.TROOPER88 said:
Ask for a refund on work incomplete.
If he obliges just take the car as it is and leave it at that. If he refuses a refund take the car and spread the word locally about what has happened. You have already tried giving him deadlines etc which has been a fruitless experience.
Time to get tough. Have the car back and save some cash to get the work finished elsewhere.
This.If he obliges just take the car as it is and leave it at that. If he refuses a refund take the car and spread the word locally about what has happened. You have already tried giving him deadlines etc which has been a fruitless experience.
Time to get tough. Have the car back and save some cash to get the work finished elsewhere.
Hope you get it back soon OP.
This is why I find it impossible to trust 99% of garages. I had a similar experience back in 2002. The guy in question worked very quickly on the first half of the job then just couldn't be arsed! Thankfully it was 95% good in the end.
Edited by m444ttb on Wednesday 28th December 19:36
It's always easy to talk tough, but clearly there are a few issues here, firstly the money you've already paid, secondly the distance, thirdly the fact that you need the work completed.
Collecting the car and having somebody else do it could be expensive since you'll incur extra costs, and have to try to get back the money you've already paid, which could either take time, or end up unsuccessful.
I would say give him one last chance, but make sure he know's 100% that it's his last chance. Either go to your local CAB, or a local solicitor, or possibly a motoring organisation for advice (or you could write in to Honest John). Get a letter to him, ideally from a solicitor, stating that you either need the work completed forthwith, and to your complete satisfaction, or a full refund of all monies paid, and return of the car with all parts. It may be better to get him to propose a resolution, including timescale, if he wants to complete the job.
Above all, try to avoid having to take the legal route, lot's of internet experts will tell you to get tough, but the reality is the only people who really win from any legal actions are lawyers. You and I just end up paying expensive solicitors bills and getting embroiled in a long and frustrating process with no real prospect of 'justice' at the end. Just get a legal agreement as to how the situation will now be resolved, and if he fails on that, then at least you've got a clear contractual breach to go to court with.
Collecting the car and having somebody else do it could be expensive since you'll incur extra costs, and have to try to get back the money you've already paid, which could either take time, or end up unsuccessful.
I would say give him one last chance, but make sure he know's 100% that it's his last chance. Either go to your local CAB, or a local solicitor, or possibly a motoring organisation for advice (or you could write in to Honest John). Get a letter to him, ideally from a solicitor, stating that you either need the work completed forthwith, and to your complete satisfaction, or a full refund of all monies paid, and return of the car with all parts. It may be better to get him to propose a resolution, including timescale, if he wants to complete the job.
Above all, try to avoid having to take the legal route, lot's of internet experts will tell you to get tough, but the reality is the only people who really win from any legal actions are lawyers. You and I just end up paying expensive solicitors bills and getting embroiled in a long and frustrating process with no real prospect of 'justice' at the end. Just get a legal agreement as to how the situation will now be resolved, and if he fails on that, then at least you've got a clear contractual breach to go to court with.
Thanks for the responses chaps.
The car in question is actually really rare and there are 3 magazines asking to feature it. Had this guy done as he had a) promised and b) been paid for, he could have got some excellent free advertising.
Does this look like an engine that's freshly painted and sounding lovely? Looks to me like things are just resting in place in order to look like it's all back together.
The car in question is actually really rare and there are 3 magazines asking to feature it. Had this guy done as he had a) promised and b) been paid for, he could have got some excellent free advertising.
Does this look like an engine that's freshly painted and sounding lovely? Looks to me like things are just resting in place in order to look like it's all back together.
Very simple solution. Go see matey. Say "this date or I'm taking the car and i want the money back for the work not done. He'll probably say "ok" and you'll get car and some money back. All this talk about CAB and lawyers and etc etc. You have to PROVE he entered into a contract (which wil be difficult) What do you think he'll do? Give the guy a VAT receipt and a courtesy car? 
doesn't sound like there is an 'easy out' here.
have you talked to the mechanic face to face or has it been via telephone?
i always find that face to face meetings are more likely to produce results (and no i don't mean lamping him haha).
if you can come to an agreement with him, don't leave until you get it in writing, cos that there will be your evidence should you need it.
maybe they'll be a lawyer on the forum who can advise you better though
have you talked to the mechanic face to face or has it been via telephone?
i always find that face to face meetings are more likely to produce results (and no i don't mean lamping him haha).
if you can come to an agreement with him, don't leave until you get it in writing, cos that there will be your evidence should you need it.
maybe they'll be a lawyer on the forum who can advise you better though
Rich_W said:
Very simple solution. Go see matey. Say "this date or I'm taking the car and i want the money back for the work not done. He'll probably say "ok" and you'll get car and some money back. All this talk about CAB and lawyers and etc etc. You have to PROVE he entered into a contract (which wil be difficult) What do you think he'll do? Give the guy a VAT receipt and a courtesy car?
what if he say's no?diablo21 said:
Rich_W said:
Very simple solution. Go see matey. Say "this date or I'm taking the car and i want the money back for the work not done. He'll probably say "ok" and you'll get car and some money back. All this talk about CAB and lawyers and etc etc. You have to PROVE he entered into a contract (which wil be difficult) What do you think he'll do? Give the guy a VAT receipt and a courtesy car?
what if he say's no?Taking the piss is putting it mildly. He's bent you over the table and he's bumming you with a fat black musical dildo. It's not as if he's a few days over and things got on top of him, from what you say he doesn't give a stuff about you or your car. The fact you paid him up-front complicates matters. I've never heard of that before, it's a bizarre thing to do, so personally I'd take legal advice before going any further as I don't know the implications of a person having both your car and your money. Jesus, as least you'll know next time.
Rich_W said:
Very simple solution. Go see matey. Say "this date or I'm taking the car and i want the money back for the work not done. He'll probably say "ok" and you'll get car and some money back. All this talk about CAB and lawyers and etc etc. You have to PROVE he entered into a contract (which wil be difficult) What do you think he'll do? Give the guy a VAT receipt and a courtesy car?
I have e-mails and text messages that confirm our contract but does a verbal contract not count for anything?I'm going there with a trailer and some large witnesses later in the week.
@carmonk - I guess I considered him a mate, which is why I was prepared to help him out and front the cash. I guess it proves friendship and business don't mix.
Edited by e21Mark on Monday 26th December 18:56
When I have seen this happen before it's usually off the back of being a mate and being strung along - you will get months and months of excuses and if you manage to collar him face to face will probably get ten new excuses plus some kind of threat - he may even believe his own lies.
But the longer you leave it there the more risk you are in of losing bits off your car.
But the longer you leave it there the more risk you are in of losing bits off your car.
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