Ripped off by Garage - Help ** But a happy ending **

[repmobile]

Hi,

 

Thanks for all the help so far.

 

Well an update of sorts.

 

My sister yesterday received a cheque for the sum of £600 from the garage, which according to the accompanying letter is 'in full and final settlement of the genuine mistake with the initial bill'. (Genuine mistake my ar5e is my thought).

 

If she banks the cheque does that imply she has accepted it as 'full and final settlement' because neither of us are happy about it and think a full refund is in order?

 

On the other hand is that the most we are likely to ever get (assuming of course the cheque isn't made of rubber)?

 

Or do we bank it and carry on, just worried that by banking the cheque we may be locked into his 'full and final' offer with no further recourse.

 

As ever, any help is very much appreciated.

 

Thanks

[rickyd]

I would bank it (a bird in the hand) and after its cleared, send them a letter advising them that you have accepted the payment as a contribution towards what they owe you.

 

Have a look at the cheque to make sure there's nothing about full settlement written on the back, just to make sure. If there is, score it out.

 

You then need to seriously consider whether or not you want to expend more time and energy chasing the rest of what you feel is owed to you.

[heliosuk]

To a certain extent I'd get the money first and then go back in for the remainder. If the cheque bounces then this adds to the case. Just bank it and if it goes through then fair enough but go after the remainder. Just because they think it's in full and final settlement is not necessarilly the case. Get the money cleared and then tell them it's not acceptable and see where it goes.

[repmobile]

Thanks all.

 

She will bank the cheque in the morning.

 

It is interesting it is a personal cheque in the name of the proprietor as opposed to a business cheque in the name of the garage. I smell some sort of tax dodge here as well but as long as it clears.....................!!

[Fenris]

It is possible, although unlikely, that the garage owner is trading as a Sole Trader. I run a business and did have a business account for about 18 months, but as the fees were so high and my turnover so low (I'm in the gift trade!) I was a advised to revert to using a personal account for cheques. Apparently Barclays have no problem with this so long as the turnover is below £60k a year. Or something like that anyway. And this garage does sound the sort to do a lot of it's trade for cash!

 

Anyway, just poped into this section to ask a question of my own. Having read your story here I think I'll be taking my new Polo to the VW garage for its service and not to a small independant. I wish your sister luck with her car and her new fella (wish that'd happen to me! No such flippin' luck!) and hope you manage to get her money back off these people. Small Claims Court is looking likely I feel.

 

Fenis.

[repmobile]

Hi all,

 

Another bit of an update:

 

Firstly I belive under the 2-4-6 cheque clearing cycle, it takes 6 working days before we can be sure the cheque hasn't bounced, so we will have to wait a bit longer to make sure the cheque isn't going to bounce.

 

Now, her new friend at the Ford garage has had a look at the MOT cetificate and it was issued by a differant garage to the one she took the car to. He went along to the ****** garage last night and confirmed it does have an MOT sign (the three triangles thing) on display. He is going back this morning in daylight to take some pictures, covertly I hope and try to see if their testing station number is displayed and what it is - if it has one!

 

We have had a look on those 'find an MOT testing station' sites and the gargae does not appear to be listed. I think a call to VOSA is iminent.

 

I will let you know what happens with the cheque once it has been in the bank 6 days and hopefully cleared (or not).

 

Thanks

Edited October 18, 2009 by repmobile

[Conniff]

Well clear or not, that money will be yours as a cheque is a promisary note and once issued cannot be recinded.

[rickyd]

It may not be rescinded but it might bounce!

 

Regarding the MOT triangles, we have a small repair shop near here that has a Castrol sign, Blue Triangle and Texaco petrol signs on the wall, but they don't use Castrol, don't do MOT's and don't sell any petrol at all! Its far from unusual for small garages not to do their own MOT's and ship cars to testing stations.

 

As long the as the name of the true testing station is clearly stated on the MOT certificate and they are registered I can't see anything wrong, confusing maybe but not illegal.

[Conniff]

It don't matter if it bounces, they have promised to pay you the amount on the cheque and there is no defence if you take them to court for it.

[repmobile]

Sorry for the delayed update - I've been working away.

 

Well, the cheque went bouncey bouncey - Refer to drawer.

 

The matter is now in the hands of the local Trading Standards and my sister has lodged a claim at the small claims court.

 

Trading Standards visited her yesterday and took a very detailed statement off her and seized the bill and the receipt, MOT certificate and the copies of the photographs I had taken at the Ford dealer (they gave her a receipt for everything, particularly for the MOT certificate). Trading Standards have said they will liase with VOSA as well (I think there is something fishy with the MOT). They also took some further photographs of her car.

 

Her new boyfriend is going to take her car into his garage and get it MOT'd there as she now has no confidence that the MOT had been done correctly. He is also going to service her car in his own time (and mine hopefully!).

 

As this is now going to the small claims court and Trading Standards and VOSA are dealing, I am not sure if I can give further comment (sub justice and all that) but I will try to update as and when I can.

 

Thanks for the help from members here.

Edited October 28, 2009 by repmobile
spelling

[Conniff]

Morning repmobile.

 

I take it you have the cheque. Are you doing the claim through moneyclaim online?

Will you want any help with the court claim?

[repmobile]

Morning repmobile.

 

I take it you have the cheque. Are you doing the claim through moneyclaim online?

Will you want any help with the court claim?

 

Hi Conniff,

 

Fortunately my sister is a member of a union where she works, and as part of her membership they offer a free legal help scheme whose solicitors have now taken up the case on her behalf and lodged a claim with the small claims court on her behalf. She only remembered about her union membership benefits a week or so ago - good job she did or it may have cost her if she had approached a solicitor privately (I mentioned before that she was a bit dizzy but for once she remembered something helpful!).

 

I am not sure whether Trading Standards took the cheque (i will have to ask her) or whether she has given it to the solicitors .

 

Thanks anyway

 

rep

Edited October 28, 2009 by repmobile
spellings

[Conniff]

Well good luck to you rep, lets all goes smoothly. Don't forget to come back and let us know the result.

 

P.S. Don't forget the wedding invite

[lardypants]

so whats the latest on this? i found it very interesting, its good to remove the cowboys it can only help the more or less honest garages etc

[cdt1998]

Just got done reading everything.

 

I am so glad you were able to notice all the things not done by that shop and take all the proper procedures to fix the problem.

 

It really is a bother when a shop takes advantage of people.

 

Good luck with the courts.

[repmobile]

Hi,

 

My apologies for the delay, but just an update on this saga.

 

The garage in question closed down a few weeks ago (co-incidentally after a visit from Trading Standards and I believe Vosa - hence I believe it may actually have been closed down by them). The premises are apparantly being reposessed (although this is not confirmed) and are going to be put up for sale. The garage which carried out the initial MOT also lost its MOT Testing Station status and also closed down pretty quickly afterwards as well (we now know both were owned by the same person).

 

We understand from the solicitors that the owner of the garages has filed for bankruptcy. He is also allegedly being investigated by Vosa and the Police, allegedly something to do with ringed vehicles (although this is rumoured, not confirmed).

 

So, it looks like ultimately we will have no chance of ever getting any money back if the owner is bankrupt (we will be just another creditor).

 

On a more positive note, I got my own Focus serviced at the Ford dealers (on the books as it was its third service and hence my last chance to get any warranty work done). Although pretty expensive, I know who did the actual service and 1st MOT on my car and am very satisifed. In future both my sister's Focus and my own will be personally looked after 'out of the dealership' though, so its not all bad!!

[cirian75]

Sounds like he could getting some jail time.

[repmobile]

Hi all,

 

After a gap of many months, a bit of an update.

 

The garage owner did declare himself bankrupt and the Official Receiver is dealing. My sisters claim is lodged with the Official Receiver on the off chance there is some payment to creditors. She will be very lucky to even get pennies in the pound we have been told as there are priority creditors such as HM Revenue & Customs re non payment of tax and VAT and the local council re non payment of business rates ahead of her in the queue for payment. Also there are a number of 'non priority' creditors such as Snap on Tools, a couple of motor factors, a fuel card company, electricity company and about 10 other customers. In reality we have written off the money now.

 

The garage owner was due at the Magistrates Court yesterday, charged with a number of offences following investigation by Trading Standards, Vosa and the Police. I went to the court hoping to watch justice being dispensed. However the garage owner didn't turn up, so the magistrate has issued a bench warrant for his arrest. From what I gleaned there are about 27 offences in total among which are deception, fraudulent MOT's, theft and handling stolen goods and some others. So it doesn't sound good for him (good!). The solicitor did say that when the defendent does eventually appear, it is expected the magistrates will send the case upto the Crown Court due to the severity of the offences.

 

If he pleads not guilty then my sister will be called as a witness. If he pleads guilty them my sister will not have to attend.

 

So now we wait again.......................................

 

On another (much better) note my sister and boyfriend have decided to buy a new flat and move in together. They are getting engaged this coming summer when they go on holiday together. He has done a couple of jobs on my car (the alternator packed in and I needed a tow bar fitted) so he has already saved me quite a bit of money!!

 

So at least something good has come out of this saga.

 

I will update again when I have further news.

[borisbeaver]

Good for your sister; and, when sent down, I hope the garage owner meets inmate Ben Dover in the showers...

[cirian75]

good good

[repmobile]

Hi,

 

Apologies for the delay in finally updating this thread, I was only reminded about it yesterday.

 

The ****** garage owner eventually appeared in court last year. There were a large number of charges brought by the Police, Vosa, Trading Standards and HM Revenue & Customs. It transpired my sister was not the only one who had been ripped off by this alleged garage. Amongst the various other charges were also handling stolen vehicles and 'ringing' vehicles and laundering money. The defendent was sentenced to 24 months imprisonment with some other people involved receiving lesser sentences. I understand although he had declared bankruptcy, the criminal asset recovery team have recovered quite a large amount of money and other assets.Hopefully when he is released he will never set up business as a garage proprietor again!

 

Anyway the reason I was reminded of this thread was my sister finally married her 'beloved Ford technician' yesterday. They flew out to Antigua on honeymoon this morning (they will still me in mid-air as I type this).

 

So, it is great to report that it was definitely an ill wind and some good did come out of this situation as they have never been happier together. Also my Focus and her new Focus are nowadays looked after rather well (and very cheaply).

 

rep

[Conniff]

That's wonderful news, on all fronts. Shame my wedding invite got lost, but I wish the happy couple (why are they always assumed to be happy ) the very best for the future and safe and happy motoring.

[tiredTraveller]

awesome thread - shows exactly what you can get out of doing the right thing and treating people decently

[repmobile]

Sorry to dig up an old post, but I was reminded about it last month and thought I had better update Mr Conniff.

 

On the 28th of last month, there was the patter of tiny feet (in fact a total of four feet as it was girl twins).

 

Mother, father and offspring all doing well.

 

Uncle (me) wondering how the hell to finance two lots of birthday and christmas presents!!!

 

p.s. brother in law now a Ford Master Technician at a privately owned Ford dealership is still 'looking after' my cars - currently a new Mondeo.

[citizenB]

repmobile, what great news - both with the twin girls and that your BiL is now a Master Technician - thank you for keeping us updated