Servicing Stop Ltd – faulty fitting of coil springs refusing refund

[zebralegs1]

Hi,

I used servicingstop to do a full service and mot of my car a few weeks ago.

 

Car Service | Cheap Car Servicing Cost, MOT Deals | Massive Savings on Main Dealer Prices

WWW.SERVICINGSTOP.CO.UK

They tried to charge me for some oils and filters that weren't needed as they had only recently been replaced. When i informed them that those specific items didnt need doing, why did they think they did, they told me they hadn't looked at the car they were just going by the service history (the replacements were done as part of other works). I should have been concerned at this point as the cars MOT had supposedly been done already.

 

 

On the same phone call they told me that the front coil spring needed replacing as it was broken they quoted me above £400 for this work so i said i would call them back. I checked other local garages and realises they were charging far mor than others, so i called them back and asked why it was so high and they agreed to take a little off the price but they couldn't charge 'at cost' like other garages. As it was a major fail and i wouldnt be allowed to drive it away, I said yes to the works begrudgingly as no service/invoice/ MOT documents would be sent to me until all the work was done. I had to pay up front via a weblink that i was sent in an email.

They returned the car to me by the end of the work day. I was unwell and couldnt drive it for a few days. When i did drive it (very short journey) there was some faint knocking but i couldnt tell if it was me or another car on the road.

Again another few days went by and i did another journey. It was getting louder and i felt it was different. I pulled into the nearest garage as i felt unsafe and i didnt know it was the work service stop had done. They told me the work that had been carried out had not been done according to the manufacturers instructions. It was fitted incorrectly and it had caused some premature wearing.  I agreed that they could carry out the repair works as I needed my car. Service stop only have email and they say they will get back to you within 5-7 days.

I let the original garage Service Stop know what had happened and asked them some questions and said i wasn't happy with the service they had provided. No one responded in a fortnight so i tried all unknown numbers on my call history to find their number. After i talked to them i got an email. They said they did not acknowledge responsibility while at the same time they were sorry for a fault not being found before leaving their garage... and offered me a "goodwill gesture" of about £90 which i refused.

At this point i used Which's recommended letter template to explain the issues in a clearer way and let them know that if i wasnt refunded or starting discussions with an ombudsman? motor industry code of practice and repair then i would be taking them to small claims court to reclaim the money. (I was really nervous about this bit Which's letter had this in and my brother encouraged me that it is fairly standard to show you are serious.

The deadline for the refund is this friday and they have replied- We are not a member of the Motor Industry Code of Practice. Unfortunately, despite numerous communications between us, we do not seem to be making progress towards resolving your complaint.
 
We have laid out the viewpoint of Servicing Stop regarding the matter raised and unfortunately, unless any further information arises which strengthens your case, we will not be changing our stance on this matter. Under these circumstances, we will unfortunately be unable to continue on with this complaint, as we are unable to come to a suitable resolution between us both. 

Ive attached the full service sheet stating that theyd checked everything for the suspension, the MOT work (not very detailed) and the invoice from the other garage for repair work which was very detailed.

Do I have a decent case or am I in the wrong? Its stressed me out so much and im so worried about going further with it as i already have chronic anxiety and other chronic illnesses but i cant afford not getting the money back if it wasnt what it should have been.

 

Thanks

 

Paperwork.pdf

[Nicky Boy]

PDF's merged and redacted...

Someone should be along to advise later...

[theberengersniper]

Hi Zebra,

There are a few things we need to think about, starting I think with what I feel is the more clear-cut issue; that of your car having had fluids replaced recently in advance of your service.

The issue in my view is that you asked the garage to carry out what you refer to as a 'full service'. The reason I draw particular attention to the words you've used is because the garage did precisely what you asked them to do. You appear not to have caveated your request by telling them your car has had certain fluids replaced recently. By way of example, if your car had had its engine oil and filter replaced, the garage wouldn't know that until they had already started draining your engine of its current fill. You might try to point to the clean oil filter as something they should have noticed, but this isn't necessarily the case. The underside of the modern car's engine bays are shielded for reasons of aerodynamics and noise, but a side-effect of that shield is to keep your engine much cleaner than used to be the case.

The coil springs are a whole different issue. It's difficult to describe in text, but at the base of each coil spring the coil needs to stop at some point. Because the point at which the coil stops is not at the same level as the opposite side of the spring (by virtue of the fact it's a helix), the mount on which the spring sits is also shaped to have that ramp-like shape. When installing the spring, it's critical that the garage aligns the ramp on the mount with the coil shape of the spring. Failure to do that will result in any number of issues; mount damage, tearing of the rubber boots, clunking, damage to the damper unit that sits inside the spring etc.

The thing we need to be careful to understand in your case is this: Your suspension strut, which connects between the hub that your wheel is attached to and the under-bonnet area of the car, swivels by design when your turn the steering. Not all cars do this, but yours is fitted with a type of front suspension known as 'McPherson Strut', and that's how it works. Now, to replace the front springs the entire strut unit needs to be removed from the car, the spring is compressed (a buttock-tightening procedure, even after decades, I can assure you), the top mount is removed and the spring removed. When the new spring is fitted, the reverse takes place. If the top mount is incorrectly assembled, it's possible that the mount, rather than rotating with the spring, instead resists its movement. If that were to happen, the top mount moving, as a result of you steering, could have effectively dragged your coil spring out of its seat.

It would appear to be this second scenario that's happened in your case, and it introduces a complexity you need to understand. Once the garage had finished fitting your new springs, they would have inspected the job with the car still on the ramp, with the wheels straight, so they probably never realised their error. They should have road-tested it of course, but it seems they didn't, and so I think your argument needs to account for the fact that they didn't test the work, rather than they simply didn't check it visually.

A couple of final points.

Your Agila is quite low mileage, is it definitely out of warranty now?

It's great news that the second garage clearly identified that the top mounts have not been assembled as per the manufacturer's procedure. You'll need that. What would be even better is if you could get him to commit to paper a sketch of how they were fitted vs. a picture of the Autodata manual diagram (the tool he'll use to show him manufacturer procedures).

 

[BankFodder]

Get a written report from the second garage identifying the issue together with drawings of possible as suggested above.

Post the report here together with the receipt for the work that you had carried out in PDF format.

Start drafting a letter of claim. Post that here so we can have a look and get ready to issue claim. It is unhelpful to make a threat of legal action just simply because you want to create an impression that you are serious.
You make the threat of legal action because that is exactly what you're going to do when the timescale that you set runs out.

Please can you post up the letter that you sent them.

We aren't here to muck around. If you want to sort this out then you will have to send the letter of claim and probably begin the claim.

If you are taking advice from Which? Then you should probably stick with them. Don't try to ride two horses at the same time. You will simply get conflicting and confusing advice.

If you decide you want advice from here then that's fine but – one or the other.
 

[zebralegs1]

Hi, thanks for your replies,

It was brake fluid and an air filter that was changed a few months previous. The engine oil should have been changed at the service because that hadn't been done. I chose a full service because i wanted the other items that come with a full service checked. I made that clear because he told me my car needs special engine oil that would cost more which i accepted. I assumed that was because its an automatic.

Thats helpful to know about the top mounts and the way they sit etc. There is also some confusion because the garage said they only replaced one coil spring and the fact that the issue was also found on the other side is nothing to do with them. I thought it was best practice to replace coil springs in pairs? I've since had a look and both coil springs are black and smooth like a new set, no flaked paint or anything on either of them. The garage who did the work to repair the damage didnt put new springs on they just fitted them correctly.

The original garage asked why i didnt go back to them and allow them the opportunity to check the work and rectify the situation (as explained it sounded and felt unsafe) as apparently their work came with a guarantee which i wasnt aware of before. He also told me that they didnt need to refund me as I didnt ask for their permission to get the repairs done.

The car is from 2009 so I dont think there is any warranty, at least I wasnt told when I bought it second hand.

In reply to BankFodder, I only took a free template off Which's website. I have not received advice from them or anyone else and I cannot afford a solicitor. I am serious about taking them to small claims court...if you think i actually have a case against them. Its a very big step for me and i am very anxious about it.

I have requested the sketch vs the autodata diagram and clarification of whether both springs were new and if they had replaced either of them when rectifying the issue with the mounts. I will post that here when i get it. 

The link you sent for the letter of claim took me to amendments from 2017, and when i went on the website to find the updated version, it seems to want me to fill out a claim online or use form N1 for postal claims? I have attached a PDF version of my draft for the "brief description of claim" field.

I have attached PDFs of the email correspondance and I admit my first email was sent out of shock and emotion which was not the best. 

If I just went with the fact that they didn't test it while driving it to make sure that they were fitted properly (even though it was driven back to my house by an employee of the garage) do you think that going to small claims court is warranted or am I being ridiculous? Im just really unhappy with their contact and the work.

Brief details of claim.PDF Emails about car fault and refund.PDF

[lolerz]

"Special engine oil". It's a Vauxhall not a Ferrari!

Sounds like the first garage took you for an absolute ride. They deserve a court claim for their absolute cheek.

[zebralegs1]

So to add to the confusion, ive received the email from the repairing garage also notifying me that there is a difference between the failing MOT and the passing one. I'm really struggling to get this straight in my head now..

Emails from repairing Garage.PDF

[OldVWMK1]

Hi, 

 

I am Zebras brother,  just trying to give her a helping hand with this claim as she has a lot going on at the moment and this is the cause of a lot of distress, I will help her take this as far as it needs to go.

I am not happy with a lot of this garages behaviour, but the main focus I believe is that there is very clear evidence of negligence and an attempt to avoid taking responsibility for putting an unsafe vehicle on the road. 

I have compiled a timeline as concise as possible.  

I have attached a letter of claim, if you wouldn't mind having a look I would appreciate it. 

I have started working on the wording for the claim on MoneyClaim, I will post that here when I think I have it right in a day or two.

 

29/09/23 - Service and MOT – including car pick up and drop off. 

• MOT fail - Offside front coil spring fractured or broken  

• MOT pass -  with Nearside suspension pin or bush worn in advisories (not present on initial MOT) - £492 paid in full.

04/10/23 - Car making noises on first day driven since being dropped off. Driven about a mile.

11/10/23 - Car noises getting worse on second day driven since the work. Pull in to the nearest garage due to concerns about a wheel falling off. Car left with the garage.  

12/10/23 - Fault found with both front strut top mounts being incorrectly put together,  nearside spring unseated. Fault fixed - £192 paid in full.

19/10/23 - Email to Service stop after being unable to find a phone number online.

31/10/23 - Contacted by email again after not hearing from them. 

31/10/23 - Went through phone contacts and found a number that service stop phoned me on. Spoke to David who emailed me back the same day. 

04/11/23 - Email to David using Which template stating that a refund is needed and costs for repair. 

07/11/23 - David replied saying they hadn’t touched the front nearside and offered £90 as good will gesture.  

08/11/23 - Email to David reminding the 14 day period is still in place and asking to confirm if they are member of motor industry service and repair to use them as mediators. 

08/11/23 - David replied saying no and unless any further information arises that strengthens my case they will not acknowledge the complaint. 

14/11/23 - Email sent to BM motoring asking for precise information and diagram showing the issue and resolve. 

16/11/23 - Email from BM motoring stating component 7 or 8 (Washer) was placed in between component 4 and 2 not 9 and 4 on both front strut mounts resulting in the front nearside spring being unseated. Diagram also received. No corrosion noted on either spring and they both look like they have been replaced. Discrepancy noted between MOT Fail and Pass  - Nearside suspension pin or bush is worn noted on the PASS not the initial Fail.

Letter of Claim.pdf

[stu007]

Servicing Stop Limited

Registered Office Address: 57 London Rd, Enfield, Middlesex, England, EN2 6DU

Company Type: Private Limited Company

Company Status: Active

Company Number: 06558606

Directors: Oliver Joseph Richmond Appointed 8th April 2008, Toby Robert Richmond Appointed 8th September 2009

Companies House Link:

SERVICING STOP LIMITED overview - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

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SERVICING STOP LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual...

 

Endole Link:

Servicing Stop Limited - Company Profile - Endole

SUITE.ENDOLE.CO.UK

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Servicing Stop Limited is an active company located in Enfield, Greater London. View Servicing Stop Limited profile, shareholders, contacts...

 

[BankFodder]

Your letter of claim is helpful but rather too much narrative but at least it makes the situation a little clearer.

I just want to make sure that I have it straightened out in my head.

29th of September – you took the car for an MOT to Service Stop.
It failed on a broken offside front spring and you agreed a price for repair and delivery.

It then had a second MOT – presumably by the same company and although it passed it revealed some further faults which hadn't been detected in the first MOT.
However the car passed its MOT with advisories.
How much did that cost?

You then discovered that there were noises and you took the car to a another garage – which one is that?
They discovered that the work carried out by Service Stop had not been carried out correctly and you had to pay for the work to be corrected.
How much was that?

You asked service stop for a refund and they declined.

Please can you tell us whether there were any additional costs incurred when you had to arrange the repair of the original work – petrol, et cetera.

I think also it would be a good idea to get another MOT at some fully independent station and tell them that you want a very rigourous check.

[zebralegs1]

I was charged once for the MOT at £18, I wasnt charged for the 2nd MOT which passed on the same day by servicing stop.

The repairs were done by BM Motoring Centre and it cost £192.

Would it be acceptable to use a local council mot testing centre? This would cost £54.85.

It cost about £40 petrol to fill the tank half way from empty on picking it up after repairs. I got transport to and from home while repairs were done, I estimate between £10-£20 in petrol for that

[BankFodder]

Yes. Get the second MOT test. Get it as quickly as possible. Tomorrow if possible.

You may be able to claim the cost of that back. You should be able to claim the cost of your petrol.

The cost of distress and inconvenience is not recoverable and also we will have to discuss the rest of the money that you are claiming.