Rip Off Garage and where do I stand on this

[G&J]

Hi

Our village has an established garage (motor repairs) and in 2011 I took my car for MOT. Faild on some points but the main wa a new CAT and exhaust.

 

All put right at great expense (CAT) I was not happy with the sound of it at all... compained and was told they fitted a cheapo! Later complained some more and they accepted it was at fault so they replaced.

 

CAT and exhaust had a 1 yr warranty.

 

So to keep the timeing clear: Original (faulty) fitted Jan 2011. Replaced Feb 2011.

 

Took car for MOT in jan 2012 and it failed on the CAT, was told another £500 to replace.

 

I remembered the replacement was still under warranty by one month. They dod not like it but they did replace it.

 

So, last week a funny noise aooeared and today it's worse and the car juders under accelleration Etc.

 

Call's into local garage (same) and was gleefully informed "Yeah... it's your exhaust mate... It's knackered"

 

Well, I was fumeing a little and suddenly spurted "Oh, well that's ok then. As it's still under warranty"

 

I pointed out it had only beed fitted for 11 months.

 

Although they said they will lok at it Monday, do I have the right to a free repacement as whatever they are fitting are not lasting the 12 months.

 

I have the feeling I'm out of luck (

 

Any advice would be great.

 

Thanks

 

Glyn

[villageidiot]

Your contract is with the garage. Providing you have not been off roading or abusing the underside of your car. Last time my car juddered under acceleration, some 30 years ago, it was due to a worn engine mounting. Best of luck.

[G&J]

Thanks for the reply...

 

I should have said "miss fire" as it would when draging air in and leaning the mixture or so Ive been told lol

 

No abuse with the car at all... Just am I entitled to yet ANOTHER free exhaust? as it has again failed to last a 12 month period.

 

I know the contract is with the garage but I can see them saying "We replaced it twice now...." Then again they should not be charging me £500 (initially) for obvious crap.

 

BTW At my age the off roading days are well over ;(

[Keyzer Soze]

You're going some to go through an exhaust in 12 months. If it had a 1 year warranty then imho the warranty for the second one should start from when it was fitted. It's a reasonable expectation for it to last 12 months, perhaps they should fit decent materials rather than trying to cream off a bigger profit.

[dx100uk]

or p'haps its nowt to do with the exhausts but faulty sensors producingg wrong mixture.

thus frukes the CAT.

 

dx

[G&J]

No... It started making a funny noise a few days ago... then yesterday started clunking/rattling and then the missfire... a mate said it was the exhaust and as I was close to the said garage I asked him to listen... The he confirmed "Ha ha, yeah... your exhaust is knackered" I could see the greenbacks in his eyes!

 

So, thanks very much for confirming 'what I thought' - The warranty still roll's over and like you say, for that amount of dosh I would expect it to last at least 1 yr.

 

The car would not have done 3000 miles (if that)

 

I'll sharpen my tounge for the showdown in the morning lol. It's been nothing but hastle since they fitted the first in 2011.

 

Would have liked some legal quotes to present to them when the try to wriggle out of it. Suppose I could threated Trading Standards

(not that they seem to do much these days)

[villageidiot]

Trading Standards have their own website which goes into a fair bit of detail, sorry but unable to show link due to "not enough posts"

[G&J]

Thanks... Will give them a search.

I think I may be wrong on my initial thought's, as someone ointed out to me...

 

If they replaced the first faulty exhuast (in 2012) then they covered the original 12 month warranty. Although this replacement did not last 12 months, they covered the initial.

 

Would this be correct?

 

Thanks

[Keyzer Soze]

The small amount of mileage done suggests short journeys? This can be an exhaust killer as it doesn't get properly warmed up and the water vapour from fuel combustion condenses and lies in the bottom. Result - corrosion and early failure. Should still last 12 months. How long had this exhaust been fitted before it failed? If it's less than 12 months, they should replace under warranty.

[G&J]

Hi & Thanks...

It has been fitted 11 months

 

BUT... this is the 'replacement' for the earlier failed exhaust (which had done many more miles)

 

Do I still have a claim for 'another' free one on the grounds that they have theoretically covered (maintained) the original warranty period (from 2011) OR should the 12 month warranty have re-started in Feb 2012 with the replacement???

 

Hope Im making my question clear... This is the replacement that has failed just short.

 

Could do with some clarification as I'm due to see them at 9.30 today

 

Thanks

[Keyzer Soze]

The argument I would use is that the exhaust should last 12 months to be considered fit for purpose. Just my opinion, forget the first one. The warranty is on the item, not the job. The garage should then go back to their supplier to complain about the quality of materials they're getting. Good luck.

[G&J]

Update:

 

Garage inspected and stated the CAT has gone.. something come adrift inside. Tried to say what I thought.... Warranty on replacement can't keep rolling on"

I said my bit (calmly) as it should las longer and if it did we would not be in the position we are now. He agreed....

 

He has phoned his supplyer and they are unsure so they are contacting the manufacturer... I have to call back tomorrow for the result.

[ericsbrother]

the 12 months starts when the first new one was fitted and is not extended by adding another replacement.

 

The clock stopped in feb 2012 but the manufacturer has a duty to make things that can be reasonably expected to last longer than a year with a low mileage.

 

you will need to get the garage to help you with this one as it is called a latent fault and the mfr is responsible for doing the right thing.

 

They will normally rely on the garage to supply and fit another one at their expense and reinburse the garage for their labour.

 

If you dont get any joy from the manufacturer then you can claim from them directly.

 

A latent fault is a hidden fault built in to the object that bcomes apparent after time but should be known and forseeable (ie designed out).

 

Tougher than a simple consumer contract but your garage are "experts" and a report from them saying what the problem is will be good enough for a judge, should that be necessary.

[G&J]

Hi Eric

Thanks for that info.....

 

Mrs G went in the shop (same place really) to be told.... A new one is being delivered tomorrow and they will fit it Wednesday. He has to do some tests to see why it's failing so soon, but like he said... "If I can't find anything then I can't tell them anything"

 

Result in the end!

 

But thanks to you all as all the snipets given I used as my stand point... and it's paid off.... Thanks all of you.

 

Glyn