Garage Charging for work we didnt ask to be done

[PinotGrigio41]

Hi there, I am hoping someone may be able to give me some advice here please.

 

We have a vehicle which was up for sale, and actually did sell. We were selling the vehicle on the basis that the purchaser was aware that two injectors needed replacing, but the vehicle was still useable. The injectors were blowing. The vehicle sold, but on the same day the car decided to break down, the injectors packed up completely, therefore we obviously couldnt proceed with the sale in that condition. We contacted a specialist Injector garage who we had used only a month previously for our other car and explained that the car was being sold and we just wanted the to two injectors replaced to get it back on the road and sell it, which was at a cost of between £350 and £500 .The garage was busy but we dropped the car up there on the basis they would fit the work in between other jobs as soon as possible. We actually had about three telephone conversation with the garage prior to taking it up there about these two injectors and the condition that they were in and also spent three hours cleaning up the gunk around them on the advice of the garage and also to same them time and us money as we wanted the car back asap.

 

A few weeks later we received a call to say that "all of the injectors had been replaced and the car was ready to collect at a cost of £1000". When we queried the meaning of "all", the garage had noticed that the other injectors were blowing and took it upon themselves to remove and send off and then replace all of the injectors but without discussing with us first. We were absolutely livid. The vehicle is 13 years old and only worth approx £2k anyway . At no point did we give the garage permission to do this much work. The guy who was the owner initially said that he hadn't been given a very good handover , but nonetheless he wasn't prepared to lose money on it. We explained that the vehicle would be leaving his forecourt and going straight up for sale listing that the other injection did not need replacing urgently hence why we hadnt asked for them to be done. We do not currently have the money to pay for this repair, but the garage owner is now calling up aggressively and threatening to charge us for daily storage for the vehicle which he will add to the bill if we don't collect it. He is also now making up fictitious stories of other people he says overheard the conversation when we originally took the vehicle in to his colleague. There was noone else there, just us and the guy we handed over to as we spoke outside. We feel that he has us over a barrel really as he has our car. We have offered him £500 to settle but he refuses. Can anyone please give us any advice on where we go from here. We do not have an additional £500 to pay for work that we did not ask to be done, but do need the car back and need to sell it .

 

Many Thanks in advance.

[i hate bailiffs]

If you sold it with the injectors how they were and it broke down on the new owner

It would probably end up in the small claims court as you would still be liable after the sale

[PinotGrigio41]

Thankyou. We weren't hiding the fact that the other injectors were blowing from any potential purchaser. It is a very old car with just under 200K on the clock, its not going to be perfect. . The listing of the vehicle clearly states all known problems with the car. The two injectors that we asked to be replaced were the worse ones causing the car not to start.

 

 

My question was that does the garage have the right to replace the parts of a vehicle and charge for them without our knowledge or consent ? Surely not ?

[scaniaman]

When a vehicle is sent in to a garage for specific repairs and other faults are found in the course of the original repair, ALL respectable garages contact the owner and notify what they have found. It is then up to the owner to advise the garage on how to proceed--and take responsibility for problems that arise if garage is not allowed to rectify all faults.

Have you reported this garage to trading standards in case there have been similar complaints?

[king12345]

Usual trick used by lots of garages.

The worst ones are the mot centres attached to garages where you leave your car for a £40 mot and you pick it up with a £300/£400 bill attached for essential repairs.

The situation is a bit hopeless now unless you want to go to court.

TS might help, but I wouldn't put too much faith in this.

This garage owner will say that you asked to replace all injectors.

His word against yours unfortunately.

Just out of curiosity, what car is it?

I have a 15 year old car in mint conditions with 80k on the clock and it's only worth scrap money.

Your has 200k and engine problems and it's valued at £2000.

Curious to know what car it is.

[heliosuk]

One of the problems when dealing with specialists or smaller repairers is that they have no proper job card system in place unlike a main dealer. This job card/work instruction is very important.

 

It's imperative that this is signed by the customer detailing what is required and or asked for by the customer. All too often this is not applied which leads to situations like this. It will be your word against theirs I think but if you had a signed job card/work instruction the situation would be very clear.

 

Rule of thumb for the future and for others is that if the garage does not have a work recording system in place then steer clear. If they do then make sure you sign it.

[scaniaman]

What i do nowadays is to write what work i require doing in a small duplicating book. Top copy is given to garage and bottom copy stays in book.

Usually, i have discused work on phone when booking in, but still leave this ticket with car on delivery to garage.

We are not perfect and detail can be forgotten, so i have found this system works for me.

[PinotGrigio41]

Thankyou for your replies above, apologies for not responding sooner.

 

We have spoken to Trading Standards who advise that the garage is in Breach of Contract under the Supply of Goods and Services Act 1982. We have written to the garage , outlining once again the work that they should have done , replace / repair injectors 2 and 3 with a possibility that 4 may need replacing also. As opposed to the work they chose to do. We have made them an offer of payment once again advising them that we are holding them in breach of contract.

 

A letter has been received via Special Delivery today . This includes an invoice for £922 ( less than they originally asked for) and showing the replacement and labour for all five injectors. This is accompanied by a letter which although on headed paper isn't actually made out to us at all. There is a possibility the letters may have crossed in the have crossed int he post, their letter isnt dated.

 

The letter reads as follows -

 

Dear Sirs,

 

Works as specified by yourself, repair 2 blowing injectors in cylinders 2 & 3 and stop the engine from cutting out.

 

As you have been made aware your vehicle has had repairs completed and has been ready for collection since 01 / 10 / 2013, you have made no contact or made no effort to pay or collect the vehicle.

 

I therefore must inform you as from today the 04/11/2013 the vehicle will be subject to a daily storage charge pf £5.00 per day until collection. If however the vehicle is not collected within six weeks of the date shown above 04/11/2013, the vehicle will be sold to clear the outstanding debt and any balance will be forwarded to yourselves.

 

I await your response. "

 

Two things that jump out with this letter. Surely by specifying in the letter that we asked for repair of injectors in cylinders 2&3 they are admitting that was the only work that we asked to be done on the car. They have then attached an invoice for 5 injectors. Surely that is admitting that they have carried out more work than was specified by us ?

 

Secondly, surely they cannot legally sell a vehicle which doesn't belong to them ?

 

I am wondering what your thoughts are please on the above.

 

Many Thanks once again.

[heliosuk]

The crux will be "and stop the engine from cutting out". If they had to do additional work to the injectors then this would be the defence.

 

What they are doing is legal so it will be their word against yours which is why it is especially important that in future you get a signed job card detailing exactly the work instructions given.

 

Trading standards advice is often mis guided as they haven't heard the other side of the story usually.

[Kiki1]

Which make and model of vehicle was this ?

 

Is the garage affiliated (by their proximity, or possible advertising board outside) to any particular brand ?

[tezza1234]

If you sold it with the injectors how they were and it broke down on the new owner

It would probably end up in the small claims court as you would still be liable after the sale

 

Not on a private sale you wouldnt, private is sold as seen.

[Surfer01]

Not on a private sale you wouldnt, private is sold as seen.

 

That may be incorrect if you misrepresent the article and do not state that the injectors are faulty. Falls under the Misrepresentation Act.

[PinotGrigio41]

I know this thread was along while ago, but I just wanted to say that we did eventually get the vehicle back, we only paid for the work that we asked to be done plus an additional £100. It appears that the letter as suggested by Trading Standards and sticking to our guns seeemd to do the trick on this occasion.

 

The vehicle was always advertised with a note that the injectors were faulty. At no time did we try to hide that in our advert. The car hsa now been sold , the new owner has been in touch since and the new owner is very happy.

 

Just wanted to thankyou all for your advice and comments on this.

[Billy's mate]

.........and we still didn't find out what type of car it was !

[PinotGrigio41]

Ha Ha, no I didn't say did I ?

 

It was a 13 year old Mercedes ML !