Dodgy Mechanic - Legal Action

[nellsbells]

Hi there...

 

I am desperate for some assistance please.

 

My timing belt recently broke on my car. I have a Megane 1.6 and was advised by both the AA and a recommended garage that my timing belt + valves had probably gone.

My car was towed to the garage, recommend to me, and they advised the cost of replacement would be approximately £1,200.

It would involve removing the engine completely, changing the belt and putting the engine back together.

Desperate to have the issue sorted and not sure where else to turn I agreed to the work.

 

I paid the garage £600 upfront for parts.

 

The garage kept my car for a total of 28 days replacing the timing belt.

When the garage called to advise the car was ready the bill had increased to just under £2,000. I was not informed of the increase anytime in these days. After a heated discussion (and obtaining further quotes from other garages, (something I should have done prior)), the general cost of this type of repair was between £1,000 - £1,300 (latter quoted by a Renault dealer).

In the end I negotiated a price of £1,300.

 

I picked my car up and 2 weeks later I took it to another garage to conduct the MOT. At the time of test an oil leak was observed.

(I have an invoice from the timing belt garage and as part of the timing belt replacement, the oil and oil filter was changed).

I had the oil leak fixed and the garage advised I should try to claim the cost of repair from the garage that replaced the timing belt.

COST OF JOB (including MOT) £90

 

I have since written a letter and advised the garage that the MOT failed due to the oil leak and was marked 'Dangerous" and could they return the cost of this job.

10 Days later I have not heard from the garage so a further letter was sent advising action would be taken if I received no response or the return of my money for the oil leak fix. This was sent recorded delivery.

 

In a trip 2 weeks later the car just stopped. Engine and electrics shut down.

I called the AA and they advised it was some type of short in the wiring and this may have been caused when the timing belt replacement was done. The car was again towed to a garage and the garage reported they couldn't find the fault but they had managed to get the car to stop shorting.

 

I'm glad this didn't cut out when I was driving down the M1 motorway 15 minutes before.

COST OF JOB £60.00

The garage also reported that the oil leak was continuing.

I‘ve had so many faults since the timing belt was changed. (Oil leak & car stopping).

Previous to this the car was running perfectly. I feel that since the garage clearly wasn’t pleased on receiving less money, they have purposely conducted a poor job of the timing belt and potentially put my life at risk.

I’m also female and know little about cars – maybe in a clear position for the garage to take advantage.

 

I would like to pursue legal action against the garage and try to recover as much of the expense I have forked out to date but I'm unsure how to go about this so your advice is really welcomed!

 

TOTAL SPEND = £1,450. And I still have an oil leak!

 

Thanks for reading and for helping.

[rebel11]

Hi nells

 

Welcome to CAG

The guys will advise as soon as they are available.

[Boro]

Where is the oil leaking from? before taking the car to the other two garages did you give the first garage the chance to rectify the oil leak and the short assuming they are actually related and not seperate faults

[nellsbells]

Thanks for the response.

 

I didn't know there was an oil leak before I took the car for its MOT. The MOT'ing garage advised there was a leak probably related to the time belt change. They fixed it as it was noted on the report as dangerous. They advised me to claim back the costs of these works from the garage that changed the timing belt, oil filter and oil.

 

I've since written two letters to the garage advising of the leak and have received no response.

Because I negotiated the price of the timing belt down the mechanic said he no-longer wants to do business with me hence the reason why I sent a letter. Under these circumstances I thought it best to keep contact to a formal nature.

[sailor sam]

Hi and welcome to CAG.

 

You will need to get it in writing from the MOT garage that they believe the leak was caused by the work changing the timing belt and subsiquent engine repair. With this, you send a copy to the 'timing belt' garage inviting them to refund the repair cost within the next 7 days to prevent you from taking the matter further. Then get the MOT garage who 'fixed' the repair to have another go at fixing it as you have paid them to do so.

[nellsbells]

Hi there, thanks for the welcome and your response

 

I will contact the garage who spotted the oil leak again tomorrow and ask for a more detailed write up. I'll also, as you say, get them to look at the leak again.

 

Thank you for the advice.

 

I hope I do have some sort of remittance from the garage at fault!

[sailor sam]

Please keep us posted.

[nellsbells]

Hi Sailor Sam

 

The issues with my car seem to be worsening and I am now at my wits end as to what to do.

 

I have had an independent mechanic look at my car to fix the new oil leak. They are unable to fix the leak as the first mechanic has cut corners and instead of replacing the parts I was charged for used silicone to stick the gasket back together (where the new leak is coming from). It is not possible for the new mechanic to do any work on the car at all as the silicone is set so hard.

He suggested that I take the car back to the first garage to fix but if I do this how do I know they aren't going to do another botch job? I want to sell the car but I'm not able to do this as the car has this leak issue.

 

I really don't know which way to turn. I have contacted consumer direct who have referred my case to Trading Standards and the dodgy mechanic has already returned to me a cheque of £64 to re-imburse me for the first oil leak but now I have a bigger issue on my hands. As I have silicone all over my car preventing any other mechanic from fixing the leak AT ALL. The new mechanic will be sending me a detailed report of his findings. Do I have any grounds to be compensated for the whole costs I have paid to date including the £1,300 I've paid the dodgy mechanic for the replacement timing belt (which has now lead to a sea of other problems).

 

Please please can you provide me with advice? I seem to be haemorrhaging money at a very fast rate and still have a car that isn't fully/correctly repaired!

[sailor sam]

Lets re-wind a bit. Who recommended the garage to you... was it the AA?

[nellsbells]

Thanks for your prompt response.

 

The dodgy mechanic was recommend to me by a work colleague. The AA only got involved when I had the wiring problem and the car stopped dead last weekend.

[sailor sam]

Ok, this is getting a tad complicated now. You say that the first machanic used silicone to stick the gasket back together which has resulted in the oil leak... was this the mechanic who did the timing belt/engine repair?

[nellsbells]

Yes - that's correct. its the same mechanic.

[sailor sam]

Ok, that simplyfies things a bit. When you get the 'detailed report', make copy and send it (with a copy of your previous letter) to the original repairer with the following letter;

 

Dear Sirs,

 

Re; Renault Megane VRM; xxxx xxx. Timing belt/engine repair date; xx/xx/xxxx. Your invoice number; XXXX

 

I write in relation to the above and further to my previous letters dated xx/xx/xxxx and xx/xx/xxxx, copies of which I enclose for ease of reference.

 

I am dissapointed to note that you have so far not responded to my letters and have discovered further issues with my car following your repair. Please see the enclosed detailed report from an independent mechanic relating to the oil leak. As you will see, it appears that you have not replaced a gasket but merely attempted to repair it using a silicone material which is now preventing a proper repair because the silicone has set so hard. I understood that your invoice stated that replacement parts were used which is what I had paid for but clearly that is not the case.

 

I believe that the cost of this work you undertook was proportionate with main Renault dealer prices so I would expect an adequate job to be done. Obviously that is not the case and I am now writing to you formally to request what your intentions will be in this matter. Please be advised that I intend to persue legal action against you should you fail to respond within 7 days of this letter. Such action will incurr additional costs plus intetrest. All communication should now all be in writing and no further reference will be made to you prior to legal proceedings.

 

I very much look forward to your urgent response.

 

Yours ect ect

 

 

You may want to run the above by trading standards to see what they have to say. If you send it, use recorded delivery (but check for spelling mistakes ect first!).

[nellsbells]

Thank you thank you!

 

I'm so grateful for this. As I will be taking legal action.

 

The fact that the garage returned my monies for the first oil leak rings bells of guilt in my head. Consumer Direct have referred my case to trading standards and I am also contacting them separately. Thanks for your help on this one. I'll keep you posted if that's OK?

[nellsbells]

Thank you thank you!

 

I'm so grateful for this. As I will be taking legal action.

 

The fact that the garage returned my monies for the first oil leak rings bells of guilt in my head. Consumer Direct have referred my case to trading standards and I am also contacting them separately. Thanks for your help on this one. I'll keep you posted if that's OK?

[nellsbells]

Also, one other question when I take the garage to the small claims court can I claim for all works and charges I have incurred on fixing my car? Including the £1,300 I paid to have my timing belt replaced?

[sailor sam]

Not sure that you can. Your claim would be for money you have had to pay to put matters right which may not necessarily mean that the whole job needs doing again. Under the SOGA, the garage should have the opportunity to rectify before taking the matter to court. The letter is designed to give him that opportunity. Should he not respond then you have satisfied that SOGA avenue. Unfortunately though, you will have to get the car repaired under your own initiative and then sue for those costs which i'm afraid to say may take some months. Trading Standards may take the case on if the garage are known to them and they have a history of compaints.

[nellsbells]

That's really disappointing news. I am paying so much money and it is taking so much energy sorting it out.

 

It really makes me angry that I'm now virtually left with a worthless car if I don't pay more to get it repaired.

 

Thanks for all your assistance, it really is appreciated.

[Boro]

I think breaking it down if the oil leak is a direct result of the first lot of work done by the garage then your letter should be asking for either a fix or if they are not prepared to fix it themselves for the money for it to be properly fixed elsewhere, in my opinion if it got to the legal stage you would be claiming for the cost to rectify the oil leak and any out of pocket expenses such as fuel, hire car, time off work

[sailor sam]

That's really disappointing news. I am paying so much money and it is taking so much energy sorting it out.

 

It really makes me angry that I'm now virtually left with a worthless car if I don't pay more to get it repaired.

 

Thanks for all your assistance, it really is appreciated.

 

Lets not be too negative yet. Firstly contact trading standards and see what they say about sending the letter.

[nellsbells]

Thanks Boro and Sailor Sam.

 

Yes I'll keep positive. An email and a copy of the letter have been sent to Trading Standards.

 

Thank you.

[sailor sam]

Let us know what they come back with.

[nellsbells]

Will do

[heliosuk]

Sheraz,

 

You need to break up your post and put it in a more succint manner where regulars can get to the actual root of the complaint. What is the actual complaint?