Garage ghosting me, still have my car, Help!

[TheCaptain1990]

The original fault that the vehicle was presented to them with was initially repaired, at a total of £648.46.  The balance for the works was settled in full.  However, as reported to them, the fault later returned on the 6th August 2020. This would suggest that the works their garage carried out did not rectify the fault. I was told in good faith and confidence by their mechanic that they were, in their own words "confident that the issue has been resolved and diagnosed". Clearly this was not the case.

 

The fault them were presented with was an excess of diesel fuel entering the oil sump, causing the engine to "run away" in a dangerous and uncontrollable manor. As a company which actively markets themselves as "Volvo Specialists" I trusted the word of their mechanic, who claimed to be a Volvo Specialist, that the work they carried out on my vehicle would have fixed the fault. However as I have mentioned the fault returned and was evidently not fixed, rendering the vehicle unusable and dangerous to drive.

 

Arrangements were made for them to recover the vehicle and take it back to investigate why the fault had returned following the work them carried out, and the vehicle was recovered some time after the 14th August from my works car park near to where the breakdown occured. Since then the vehicle has been in their company's posession to rectify the works that were guaranteed (for 3 Months, as written in my copy of the Invoice). To date, I have not received a satisfactory response, repair or reimbursement.

 

Several attempts to contact their company to ask what is happening with the vehicle have been made, including the following dates:  
22nd September, 19th October, 23rd October, and 16th November.

On each attempt at calling the garage, I was told that "The vehicle is being worked on at that very moment"  and that I would receive a call back. However all of these promises have not come to fruition.

 

At the time of writing, their company has had my vehicle now for 117 Days, which is quite frankly unacceptable and I have not been given any satisfactory reason as to why such an extended time frame has passed. The Consumer Rights Act 2015 specifies that repairs and remedial work should take place within a Reasonable Time. I don't believe that 117 days can be classed as a reasonable time for a repair, even during a global Pandemic. It also dictates that any work carried out should be done so with 'Reasonable Care and Skill' -  had this have been done, would have correctly identified the fault and enabled them to repair it. them were under a legal obligation to carry out the work on my vehicle with reasonable skill and care, using parts of satisfactory quality and fit for their purpose, as laid down by the Consumer Rights Act 2015  and the Supply of Goods and Services Act 1982.

 

I am firstly extremely disappointed (partly with myself, but I loved that car!) that I've paid a vast sum of money (arguably worth more than the car's current market value) and secondly that whatever that sum of over £600 was spent doing, the work was clearly not required as it did not rectify the fault they were presented with.

 

As most people do, I rely heavily on my vehicle to enable me to carry out my job, and having to purchase, tax, and insure a temporary vehicle to enable me to continue my work and keep a roof above my head has left me significantly out of pocket.

 

I am not convinced that my vehicle has been fixed, neither am I prepared to pay for any further repairs to the vehicle as I have already paid their company over £600 to fix the fault, which was clearly not fixed, merely temporarily patched over.

 

At this stage I have written to them, recorded delivery (signature on receipt, which I have proof of them receiving the letter and proof of my posting) to offer them oppertunity to either rectify the problem with the vehicle and return it to me within 14 Days of receipt of the letter, alternatively I requested the return of my

vehicle, and reimbursement for the inconvenience, and I will take the vehicle to another company for a report and repair.

 

I further requested from this point onwards that any correspondence is carried out in written format, either by post, or email, so that if there is a legal avenue I can explore, I've got written evidence of any promises, offers or the like that the company have made. I've not had a response still, and each and every time i've tried, they've not answered the phone or acknowledged my emails or written letter.

 

NB. A Quick search of Companies House Register shows that the company has not been dissolved and is still actively trading.

 

 

[BankFodder]

Well thank you for the very extensive and detailed story.

You have omitted to tell us what kind of car it was, age, mileage, how long you've had it – and particularly on what date was originally repaired. At the moment we don't know how long the repair lasted.

Also, what is the name of the garage?

And also I have to say, I have no idea why you have allowed this to go on so long. It sounds as if you been led around by the nose and am extremely surprised that you haven't taken action earlier.

Let us have this extra information and it will help us give you the advice that you need – although I can already see a claim coming up.

Do you know that the car is still with the garage? Do you have access to it? Would you be able to take it away?

[BankFodder]

Also, did you buy the car from this garage?