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JE78

Work carried out without authorisation - now demanding payment

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Hello all, I'm new to the site. I've been looking for some advice given a recent situation with a motorbike garage, and stumbled across this site. I quite sure I am in the right in this situation, but would really appreciate your honest opinion and any advice on the matter.

 

A couple off week ago, I emailed a motorbike garage to ask their servicing costs as my bike wasn't running very well. From their response, I didn't feel any of their three-tier services would suitable resolve the issue my bike was having, so asked if I could bring it to them for a diagnosis. They agreed, and we arranged that a friend of mine take the bike to them. In this same email, I said "Once your mechanics have had an initial look at the bike, can I please be contacted in order to authorise any work that may need to be done (at this email address or by telephone, details below)." to which they responded "I would advise that it is left with us and collected when we have diagnosed / fixed the problem. I will be in contact with you by e-mail to let you know how we’re getting on and what recommendations we have etc.".

 

I did not hear anything until my friend called me to say that the bike was ready and there was an outstanding invoice to pay. I contacted them to enquire about the bike, and was told that "The mechanic had a look at the bike which wasn’t starting at all when he came to look at it. He investigated a bit further and found that 2 of the coil sticks were faulty. We have replaced them with some 2nd hand coil sticks and also replaced the spark plugs which were fouled up. The bike now starts and runs fine.". I, of course, contested this as I had not heard anything nor given authorisation for any work to be carried out. They replied "

Apologies for the lack of communication. I discussed this with xxx (my friend) when he dropped the bike into us and we agreed that I would call him first and that he would update you because he has your direct telephone number. Finding the problem with your bike wasn’t as straight forward as looking at the bike and advising what was needed to get it running (the bike wasn’t just running rough, it wasn’t running at all). The bike needed to be stripped down to identify the problem. The coil sticks and spark plugs would not necessarily look faulty on initial inspection when in place, only by removing them, checking them and swapping them out with new parts could we confirm that these were the problem.

I have since reiterated that I was not contacted as agreed, did not authorise any work to be done and that the garage acted by its own volition. They still demand payment for the work done, and also payment to return the bike to the state it was in.

WHere do I stand?

I have selected the main parts of the email history, but have full history available if necessary. Also, in the last email sent by the owner of the garage, he closes with 'without prejudice'. He did not make any offer to settle, only demanded payment, but does this mean that I cannot share the content of that email?

Your help and advice would be greatly appreciated.

James.

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Without prejudice means it can't be use in a court, you can share it with others though.

 

How much were these repairs ?

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Thanks for replying.

 

The invoice is for 275.15 pounds, or 211.50 to return the bike to its previous state. This is not a lot of money in itself (though I consider it high for the work and parts), but obviously they refuse to release the bike until payment is made.

 

Thanks again.

 

James.

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You will need to find out exactly what was discussed and agreed with your friend before you can challenge it.

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Nothing was discussed or agreed between them. According to the email from Avuss, they only made arrangements to contact him first, and for him to then contact me as he had my direct number (they also had it, but given it is an Italian number perhaps they preferred not to call it [i am currently working in Italy]). My friend has said he received no call to update or arrange anything, only to be notified that the work had been carried out:

 

"Apologies for the lack of communication. I discussed this with xxx (my friend) when he dropped the bike into us and we agreed that I would call him first and that he would update you because he has your direct telephone number"

 

Thanks.

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