for work not carried out where do i stand please help
for work not carried out where do i stand please help
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wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
Hi all

After bit of legal advice or any other welcome.

long story short i noticed my engine in my van had the crank pully wobbling slightly and now this is a common problem on these vans so i pulled engine to have a engine specalist take care of the problem .

now 8 months yes 8 months of pestering them daily for it to be done to the stage i am now out of work due to this been my commercial van and my bussnius is now on its knees and have not earnt money since xmas .

i was told the engine needed a new crank because the woodruff key has damaged the nose of the crank so paid £250.00

finaly after 8months i have got to stage where i can not sit back any longer am told just needs cambelt putting on as it has for the last 2months so i have been collected the engine and its the exsisting crank pully that i no is damaged still on there .

have just pulled sump of and still full of oil and the crank is the orignal as i put mark on it prior to it going to shop .

still orignal crank and still the orignal bearings as they have wear on them and also the orignal woodruff key with a tooth missing and still orignal stretch bolt .

dont get me wrong i am capable of changing it myself i just took it there as i didnt have time when it was a problem.

can anyone advise me on whats best course of action to take before i end up kicking the living hell out of him .

to say am furios is understatment .

thanks in advance and sorry about spelling

poo at Paul's

14,609 posts

204 months

Wednesday 16th March 2011
quotequote all
er, you took the engine out and sent it to some place to have acrank pulley replaced? Surely if you can take the motor out, you can replace the pulley yourself?

Was it an Engine Centre near a large international airport BTW?

wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
poo at Paul's said:
er, you took the engine out and sent it to some place to have acrank pulley replaced? Surely if you can take the motor out, you can replace the pulley yourself?

Was it an Engine Centre near a large international airport BTW?
as stated i didnt have time and belived the nose of the crank was damaged this is very common with these engines i was told it needed a new crank so sent it to engine specalist to have new crank and pully that did the damage in the first place .

and no airport near here am affraid

edo

16,699 posts

294 months

Wednesday 16th March 2011
quotequote all
sorry to hear this.

Not quite understanding how you dont have time if you haven't been able to work since xmas without the van?!

Parrot of Doom

23,075 posts

263 months

Wednesday 16th March 2011
quotequote all
Right so you asked someone to do something, and they didn't do it.

Take the engine back and get someone else to do it. Don't even think about suing anyone, because you won't get anything. Put it down to one of life's experiences, and tell everyone you know how st that company is.

wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
engine was removed 8months ago and taken to them i have ruined my car carrying building products around to try keep earning a living but limited to jobs could take on because only had car .

they have had the engine in there postion for 8months .

and i wont just leave it will collect the cash back from them if i have to kick the living hell out of them as at the minute a have a child on the way and no money to even fix the engine now never mind just leave it .

surley its classed as obytaing money through deception

Jasandjules

72,588 posts

258 months

Wednesday 16th March 2011
quotequote all
wizzbilly said:
can anyone advise me on whats best course of action to take before i end up kicking the living hell out of him .
Go and collect the engine and fit it yourself so that you can get yourself some work and money coming in. Be polite, take a witness if possible (I take it they are aware that you wish to recover the engine and they don't object?)

In terms of anything else, I take it you told them that you need the engine for work etc? In terms of the £250, see if the engine has had the work done when you collect it, if not, then come back and we can advise how to look to recover that (and perhaps some other losses too).



Dangerous Dan

624 posts

200 months

Wednesday 16th March 2011
quotequote all
Why have they had it for 8 months?

wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
Jasandjules said:
Go and collect the engine and fit it yourself so that you can get yourself some work and money coming in. Be polite, take a witness if possible (I take it they are aware that you wish to recover the engine and they don't object?)

In terms of anything else, I take it you told them that you need the engine for work etc? In terms of the £250, see if the engine has had the work done when you collect it, if not, then come back and we can advise how to look to recover that (and perhaps some other losses too).
this is exactly what i have done hence i no its not had the work done sump bolys not tigtned i had to take sump of and inspect and these are results i have found no work has been carried out at all .

Parrot of Doom

23,075 posts

263 months

Wednesday 16th March 2011
quotequote all
I've been self-employed most of my working life and if I were in that situation I'd have given them a fortnight at most to sort it out.

Your business is your responsibility, not theirs. I didn't see that you'd paid £250 so perhaps you can make a small claim, but the garage would probably just deny everything. If it were me I'd leave it. Oh and "kick the living hell out of them" - remind me never to do business with you.

wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
Dangerous Dan said:
Why have they had it for 8 months?
because they been busy but on delivering it would take few days .

i have tried my best tpo be patient but now they have ruined my work due to having to keep turning it away aint had a call in last 6weeks .

i have been forced to survive on bear minimum and dont have the money to fix the engine myself at present and do not want to fit it back in because i no the problem still exsists .

i have told them i was out of work and the rest of it they just kept giving me bull s**T

Jasandjules

72,588 posts

258 months

Wednesday 16th March 2011
quotequote all
wizzbilly said:
this is exactly what i have done hence i no its not had the work done sump bolys not tigtned i had to take sump of and inspect and these are results i have found no work has been carried out at all .
Ok so you've got the engine back, but they haven't done the work so the van still needs the work?

Can you afford to get the work done elsewhere? (even if it's a bit more expensive, we can seek to recover that from the original garage if needs be). That way you can be at least up and running. And of course where you get the work done will then bill you for the work as evidence that the first place didn't do it...

Has the first place refused to give you the £250 back?

Sorry if I am missing stuff, I am trying to work out what has happened in my head to better advise you in terms of legal recourse.


wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
Jasandjules said:
Ok so you've got the engine back, but they haven't done the work so the van still needs the work?

Can you afford to get the work done elsewhere? (even if it's a bit more expensive, we can seek to recover that from the original garage if needs be). That way you can be at least up and running. And of course where you get the work done will then bill you for the work as evidence that the first place didn't do it...

Has the first place refused to give you the £250 back?

Sorry if I am missing stuff, I am trying to work out what has happened in my head to better advise you in terms of legal recourse.
the advice is much appricated .

i dont realy have the money to get it fixed elsewhere and have no means of getting it there .

i thought about trying to get it examied by somewhere else but need to search for local places as limited to using others cars to move it as had to sell my car to pay my bills leavoing me riding oround on pushbike for last 2months which they no i was doing .

i checked because it seamed very odd why they was dragging a job out for sake of just putting a cambelt on so alarm bells started ringing .

i have not asked my money back as did not collect it till half 4 and by time found the problems they was shut this is my first port of call in the morning .

rb5230

11,657 posts

201 months

Wednesday 16th March 2011
quotequote all
I feel your anger but if they had had it for a month i would have been down there taking it back, 8 months is insane.

Ask them why they have charged you and not replaced the crank?

wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
well i shall be doing this in morning when can get hold of them .

i was told the crank needed replacing and thats what i was charged for crank new bearings , pully and cambelt kit .

only thing i have is a cambelt which is only have a kit as missing tensinior .

i shall be there soon as they open there doors in the morning .

bearing match marks on the crank so i no it aint had new bearings in as there would be no wear on the bearings

Meoricin

2,880 posts

198 months

Wednesday 16th March 2011
quotequote all
wizzbilly said:
because they been busy but on delivering it would take few days .

i have tried my best tpo be patient but now they have ruined my work due to having to keep turning it away aint had a call in last 6weeks .

i have been forced to survive on bear minimum and dont have the money to fix the engine myself at present and do not want to fit it back in because i no the problem still exsists .

i have told them i was out of work and the rest of it they just kept giving me bull s**T
I don't understand why you think they've ruined your work? You did that when you made no attempt to rectify the situation promptly. You could quite easily have rented a van for the two weeks maximum that you could expect the repairs to take, and not missed any work whatsoever. The moment they started messing you around you should have immediately gone elsewhere.

It's not their fault that you didn't try to keep your business running properly.

wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
i work away for 2weeks at a time and tried the hiring a van routine but because of been under 25 there was a problem with insurance .

yes should of tried harder but still dont exuse they have taken my money for work supposdly carried out and not completed anything at all .

i have paid for a service and not recived it.

deveng

3,920 posts

209 months

Wednesday 16th March 2011
quotequote all
Why didn't you collect it after a month if they initially quotes a couple days? Why aren't you phoning them 24/7 forcing them to commit to sorting it. Why haven't you been going down there is to stand in their work place and shout until they sort it?

ETAshould have read OP more fully

wizzbilly

Original Poster:

955 posts

222 months

Wednesday 16th March 2011
quotequote all
deveng said:
They told you a couple days and it's been 8 months? Do they know your still waiting or have you sat back waiting to get a call saying it's done?

I know it's bad to say it but a garage I worked in had a rule that anything left for more than 3 months was weighed in. We obviously made persistent attempts to get the customers to reclaim their stuff and made them aware it would be weighed in.


Why didn't you collect it after a month if they initially quotes a couple days? Why aren't you phoning them 24/7 forcing them to commit to sorting it. Why haven't you been going down there is to stand in their work place and shout until they sort it?
i have been in contact with them for the past 3-4months daily and for the last 4weeks been cycling down there 3 times a day which is 12 mile round trip .

he is well aware of my situation i have laid it on telling them what predicament i am in .

i wouldnt mind if they turned around to me and said cant do anything and i had my engine back and money but they have charged me and still not carried out the work , i have used the other enginering company in the same building who specalises in gearboxs in the past many of times with great sucsses the engine side just seams to be complete and utter disgrace .

bozmandb9

673 posts

209 months

Wednesday 16th March 2011
quotequote all
You should be able to get your money back. Try to get it directly first. I would suggest that you consider getting somebody to help you when you go and see them. I don't know what they are like, but generally I would say it's important to be polite and professional. If you are in any way rude or aggressive, it can go against you at a later stage (even though it may be fully justified).

You need to think about what you want to achieve. If you have paid them £250, then this is the maximum you will be able to get back. There would certainly be no possibility of consequential loss being taken into account (so far as I'm aware). You may have to reduce this amount to reflect nay work they have completed.

You can do some calculations, and if the work they've done is going to eat up the £250, then there's not going to be anything left (allow £50/hour for labour). It may not be what you want to hear, but this may be the reality. It doesn't stop you going there and demanding your £250 back in full, but try to find somebody who is clued up about the law, to do it in a professional way.

If it has to go through the legal process, then it's going to cost you more money just to start the process, and you'll have no guarantee that you'll get anything back, so it could end up costing you more.

My suggestion would be focus on what you can do to get your van back on the road, and don't focus on your frustration about how you've been treated, it won't get you anywhere. i don't know what you work at, but I would say just try to find a job which will give you the money to pay to get the van back on the road. There are plenty of people wanting work done, and if this van is your key to earning a living, then the only thing to do is to focus on how you can get it back on the road as soon as possible.

Hope that helps.