The garage has not fitted the parts I have paid for

[Big Shoooz]

I am certain that a garage has not fitted the parts they have charged me for.

 

I have asked for a refund but they insist they have done the work correctly.

 

They say if I want a refund I have to prove that they have not used the parts.

 

Who is responsible for proving if the parts were fitted...me, the customer or the garage, the service provider??

 

Quick replies will be greatly appreciated please as there is a lot of money at stake here.

[scaniaman]

Did you, at an early stage ask for the old parts back??

[heliosuk]

What parts are involved and why?

[MARTIN3030]

Yes.

 

Why do you think the parts were not fitted as charged for ?

 

What parts are in question ?

 

When was the work done ?

 

When did you become aware/suspect that the replacement parts had allegedly not been fitted,and what prompted you to think it ?

 

How was payment made for the parts ?

 

How have you communicated the complaint / who did you speak to/ Did you explain your reasons for suspecting parts had not been replaced ?

 

Is this a Franchised dealer/fastfit centre or local garage ?

[Big Shoooz]

Yes.

 

Why do you think the parts were not fitted as charged for ?

 

What parts are in question ?

 

When was the work done ?

 

When did you become aware/suspect that the replacement parts had allegedly not been fitted,and what prompted you to think it ?

 

How was payment made for the parts ?

 

How have you communicated the complaint / who did you speak to/ Did you explain your reasons for suspecting parts had not been replaced ?

 

Is this a Franchised dealer/fastfit centre or local garage ?

 

Hi, this is a summary of the scenario:-

 

A few months ago, my car began to make terrible tapping noises from under the bonnet and then broke down. I called the AA and they told me it could be the tappets and I would have to I take it to a garage as it wasn't something they could help with.

The garage that I took it to said the engine needed replacing.

I bought a used car engine from Ebay which I believed was in very good condition and arranged for it to be delivered directly to the garage (I never saw it, apart from shrinkwrapped on a pallet when I went back to the garage to see how the job was going).

I paid a few hundred pounds for the labour and the garage also charged me for a new starter motor to be fitted as they said the one which came with the replacement engine didn't work (?!!).

Now, several weeks after collecting my car from the garage, the tapping noise is back.

I have had several mechanics check the engine and they all say it has not been replaced and I still have the original engine. The garage MAY have transplanted some parts from the replacement engine but they have not replaced one engine with another which is what I paid them to do.

I will now have to take the car elsewhere to get my original engine repaired as other mechanics have told me the original engine is in good condition (apart from the tapping of course!) so the garage should never have told me it needed to be replaced in the first instance....it just needed to be fixed.

I have now spoken to both partners of the local independent garage about my grievance. They have admitted that the starter motor is not NEW but reconditioned (I paid for a new one) but they ARE saying they replaced the starter motor even though it looks like they haven't.

Payment was made by cash but I have a receipt.

[MARTIN3030]

Ok thanks for update.

 

This is a strange one,since tappet problems would only need work or in some circumastances replacement of the head.

Contamination from the head can in some cases mean work on the bottom end but one would expect the AA to give a better diagnosis aside from Tappets if that was the opinion.

Were the garage in agreement to you supplying the Engine from Ebay ?

Did you inform them before this ?

The Garage for obvious reasons would not be giving any guarantee on the third party supply.

Was anything said in regards to this ?

If you have the V5 for your car then you should be able to check the data (numbers) from your original engine.

It is not unusual to for the trade to use recon starters since the difference in price for a new one and a recon one can be very much.

You should have been given the option on the price points for that.

Can you say if you still have any of the old parts/have asked for them/or seen them ?

Also I think it might be helpful to seasoned poster in these forums if you can give the vehicle make/model and year.

I am sure others will be along to join in with their thoughts.

It is important that you give this other garage chance to correct matters before taking it to be done elsewhere,but you are wise to seek some expert witness reports in the meantime.

[MARTIN3030]

Sorry just one further thought-what is the mileage of the vehicle,and do you know the service history ?

[Conniff]

The engine number should be on your V5C - check it against that.

[Big Shoooz]

Ok thanks for update.

 

This is a strange one,since tappet problems would only need work or in some circumastances replacement of the head.

Contamination from the head can in some cases mean work on the bottom end but one would expect the AA to give a better diagnosis aside from Tappets if that was the opinion.

Were the garage in agreement to you supplying the Engine from Ebay ?

Did you inform them before this ?

The Garage for obvious reasons would not be giving any guarantee on the third party supply.

Was anything said in regards to this ?

If you have the V5 for your car then you should be able to check the data (numbers) from your original engine.

It is not unusual to for the trade to use recon starters since the difference in price for a new one and a recon one can be very much.

You should have been given the option on the price points for that.

Can you say if you still have any of the old parts/have asked for them/or seen them ?

Also I think it might be helpful to seasoned poster in these forums if you can give the vehicle make/model and year.

I am sure others will be along to join in with their thoughts.

It is important that you give this other garage chance to correct matters before taking it to be done elsewhere,but you are wise to seek some expert witness reports in the meantime.

 

The garage were happy for me to source the engine and they were informed of this from the start.

They didn't say whether or not they would guarantee the engine but I didn't expect them to anyway

 

This car is a Japanese import and unfortunately the engine number does not appear on the V5 (quite common for Jap imports apparantly)

 

I was not given an option on the starter motor (new or recon)

 

Asked for the old parts before the work commenced but they now say they have scrapped them. Are they correct to do this as for one, I asked for them back and two, they are strictly speaking my property?

 

I really don't trust this garage to go anywhere near my car again

[Conniff]

You need to do a carefull examination and with a good light. There 'will' be taletell signs if something hasn't been removed ie crap in the threads of bolts etc.

If you have a camera that zooms, get some closeups and have a good look on your pc.

[MARTIN3030]

Yes agreed there are a few ways to know with reasonable surity.

Are you still able to contact the ebay seller should there be any info needing clarity from there ?

[afcwben]

I thought all engines have a VIN number as the is there any chance the eBay seller kept a record of the VIN number you could then check it against your engine

[Big Shoooz]

Yes all mechanics who have inspected it so far have concluded the engine has not been removed because there are no clean threads on the screws....which would be clean if the engine had been removed. There is no sign at all that anything has been moved, removed or fitted. Also, there is no sign that the bonnet has been taken off but the garage say they dropped the engine out from below rather than taking it out from above. I even took it to the garage where the previous owner who imported the car took it and they say it still has the same engine it arrived into the UK with (in 2006).

I will see if my camera can get some good shots of the screw threads.

The starter motor is also still completey bolted on like it's never moved since the day it was installed at the factory so even though I have paid for a NEW starter motor and the garage are saying it is reconditioned, it appears that I still have the ORIGINAL starter!

I have been in touch with the Ebay seller this week (although I have not told him the tale with the garage). He is still helpful but unfortunately, the engine number on his V5 of the vehicle which donated the replacement engine does not have the actual engine number but the engine part number and he can't recall noting the number stamped on the engine.

The V5's for both cars are not helping because the one for my car shows no engine number and the one for the donor car does not show the correct engine number. If both showed the correct number this would prove the issue once and for all.

 

By the way, can anyone please confirm with such a dispute if it is up to the garage to prove the correct engine and starter motor have been fitted or is it up to me to prove it??

[Big Shoooz]

I thought all engines have a VIN number as the is there any chance the eBay seller kept a record of the VIN number you could then check it against your engine

 

I know the VIN number for both cars but the VIN number does not show on the engine and it is a totally different number to the engine

[afcwben]

From what the OP has stated whilst they may complain parts have not been fitted or replaced this is clearly a civil issue, the reality is that an Engine they bought appears to have been stolen should the police be involved in this?

[Big Shoooz]

From what the OP has stated whilst they may complain parts have not been fitted or replaced this is clearly a civil issue, the reality is that an Engine they bought appears to have been stolen should the police be involved in this?

 

Yes afcwben, that's what I was wondering too. It seems I have effectively had the engine I paid for stolen. Would the police be any help? Also, surely this is also fraud too as they have claimed they have done work they haven't.

The even more suspicious thing is that someone with the same type of car lives near the garage (these cars as I said before are Japaneses imports and not something you see on the road every day, once a week or even once a month).....could it be they were looking for a new engine, the garage fitted my AWOL replacement engine into it, charged the other owner for the engine and labour, then did a patch up on my original engine without removing it (so that the tapping noise vanished for a while) and charged me for the labour and starter motor?? They would certainly make a lot of money by doing that....charging 2 people for engine replacements, charging one person for the engine and they haven't had to pay for any engine at all!!

 

 

By the way, can anyone please confirm with such a dispute if it is up to the garage to prove the correct engine and starter motor have been fitted or is it up to me to prove it??

[afcwben]

Big Shooz, If it was me I would go to the police and lodge complaint that the engine has been stolen, as for the other owner the police if they investigate could interview them as well and they are more likely to establish whether they had a replacement engine fitted. Then I would assume (lots of assumptions) the Garage would have to prove to the police where they sourced the engine from.

[Big Shoooz]

So do you think the police are the first step before trading standards and the small claims court?

[afcwben]

I would wait and see if the general concencus of opinion is if that is the best thing to do, I am aware there is sometimes a difficulty making police understand that not everything is a civil matter. Anybody else want to comment on this?

[Big Shoooz]

Thanks. I hope I get lots of opinions! This needs to be sorted very soon before it's too late to challenge.

[MARTIN3030]

From what the OP has stated whilst they may complain parts have not been fitted or replaced this is clearly a civil issue, the reality is that an Engine they bought appears to have been stolen should the police be involved in this?

 

So if this is a civil matter then why do you suggest Police ?

[MARTIN3030]

It appears that you have enough evidence to make a deterrmination.You now need to get these on paper and put together a case.

Trading Standards intervention will not affect your rights or ability to seek recourse in the small claims Court-can you confirm that the amount in question is less than £5,000 ?

 

Before commencing a claim in Court,you would be expected to have followed pre action protocols,and engaged in dialogue with the garage first.

 

You should put something in writing giving your targets for resolution,and making them aware that you will take it to small claims should they not deal with it.

You also need to be letting them know that you have some evidence to support any claim,but it is important that you get some expert witness opinion or reports in writing.

 

Equally,Trading Standards are likely to want to see that the garage have been given the chance to rectify things,as well as seeing any response before they will get involved,although they will of course offer advice on what avenues are open to you.

 

In the meantime,it would also be an idea to see if the garage is subscribed to any codes of practice such as the good garage scheme,or trade associations.

This will add more weight to any case since failing to uphold codes or standards to which an organisation is subscribed,is a breach of CPUT 2008.

 

So the immediate course of action begins with you getting a response from the garage.

Dont deal by telephone or emails,keep everything in writing.

[MARTIN3030]

By the way, can anyone please confirm with such a dispute if it is up to the garage to prove the correct engine and starter motor have been fitted or is it up to me to prove it??

 

As a claimant it will be your duty to prove your case yes.

[MARTIN3030]

Can you answer the earlier questions-make and model of vehicle,and mileage ?

This info may be of some benefit to others following.

[afcwben]

So if this is a civil matter then why do you suggest Police ?

 

Martin3030, if you read my post you will see I am asking a question about the engine asking if that element is a Police matter