Legal advice needed please

[TeeDee]

Very useful to Know that , Thanks for posting Peter.

Robbi

Call you credit card company and say you want to file a Section 75 Complaint. It's not a disputed transaction which is how they are trying to treat it ....

Section 75 of the Consumer Credit Act states the credit card company is jointly liable for ANY transaction between £100 and £30,000 regardless of the amount actually paid on the card.

The card company then have to refund you, and take it up on your behalf, it's not negotiable and they can't get out of it ! If they play dumb ask to speak to a supervisor !

You asked the garage to fix a specific fault, and they have failed to do so. They are therefore under contract to replace your old fuel pump and to only charge a reasonable amount to do so - max would be 2 hours labour. If they have disposed of the 'faulty' pump then technically it's theft and it's into a criminal case, not a civil one but lets not go there yet ....

If anyone has any work done that you pay for at a garage and it's not warranty work, they should hand over any part removed to you as they are your property ! That way, if things go wrong you can have the parts checked and confirmed independently.

Any problems PM me - I've worked for 2 of the UKs largest credit card companies.....

Cheers

Pete

 

[Robbi]

superb Pete, very very useful indeed. Many thanks.

 

[widu13]

If they have disposed of the 'faulty' pump then technically it's theft and it's into a criminal case, not a civil one but lets not go there yet ....

If anyone has any work done that you pay for at a garage and it's not warranty work, they should hand over any part removed to you as they are your property ! That way, if things go wrong you can have the parts checked and confirmed independently.

I was a policeman for 22 years until a month ago and can tell you now that is not theft. The garage have no legal obligation to hand over parts either. You may ask for them however.

 

[lub0]

This is exactly the reason I will never get myself a vehicle unless I happen to become a millionaire, or the car is servicable and I happen to have all the required tools for it, and a good stock of spare parts, along with the know-how, and space!

I hate owning expensive mechanical objects that I am unable to repair myself.


Forgive me for the rant as I have a good link that you might find useful - http://www.consumeractiongroup.co.uk/
That community is full of knowledgable and helpful people!

 

[PeterW]

I was a policeman for 22 years until a month ago and can tell you now that is not theft. The garage have no legal obligation to hand over parts either. You may ask for them however.

Theft is defined as the act of permanently depriving the rightful owner of property - under this premise they are obliged. Whether or not is is 'dishonest' (which is probably a point for question) would relate to whether the pump has been removed under false pretenses. If so, we are into fraud...

Under the terms of contract that you enter into with a garage, any parts replaced are your property to dispose of and a garage may dispose of them for you, but should still ask you if you want them. Most good independents do, the majority of major chains do not.

Cheers

Peter

 

[widu13]

Peter, it's a civil matter. Try reporting such a "theft" to a police station. Contract = a civil tort, you've answered your own statement. There are no criminal "contracts" only civil ones.

Incidentally, you may be surprised to know that I am well aware of the definition of theft

 

[PeterW]

I stand corrected ! The question I had raised was the 'dishonest' bit, which was discussed with a friend (Senior CPS Lawyer) who was mulling it over.

And yes the CPS, arch enemy of any good officer...

Cheers

Peter

 

[R3XXY]

Try Community Legal Advice it's free if you qualify for legal aid which most people do.

Their service is really excellent, we used to refer people to them all the time when I was at the Citizens Advice Bureau.

 

[pibbleb]

I've hesitated posting here as I work for a commercial law firm, and there can be an assumption that we know it all but the legal system is so specific now that people train for many years to practice in one field and the days of the general practice are on the way out IMHO.

I'd also warn you I am not a solicitor, I work for a living, and this wouldn't fall under anything I or we as a firm would deal with so I would echo the best advice given by others which is to speak with someone like the CAB because if they don't know what to advise they will be able to refer you to someone who does.

As I say its not my area but from a basic memory of an old class this might fall under the Supply of Goods and Services Act 1982 and I believe it is Trading Standards that will give you advice if you believe you have suffered substandard car repairs.

I know this is stupid backside covering but for clarities sake this isn't legal advice and is only my opinion and not that of my firm. Hope you get it sorted.

P

 

[Swash]

The rear end bearing leaking is common the vitaras depending on what engine you have. A fuel pump was never going to be the cause of an oil leak, but thats not to says the fuel pump didnt put you in limp mode. And the continued EML is something else?
Second point, Is the oil you see on the ground definately engine oil? not power steering fluid, gear oil, coolant?
Im pretty sure the bearing cap leak going behind the flywheel has a field bulletin or recall on it. and is worth asking about.
As for the law I dont know I just fix cars ha ha. hope some of this helps, like I say depended on age,engine etc

 

[Swash]

oh I forgot to say, you cant really go into the garage complaining about the fuel pump and wanting it put back on. Through their diagnosis the pump may well have been a problem and fitting it back on puts you back to square one. Although we have diagnostic computers etc they dont point out the answer just directions.
If the tech was convinced that was your problem he was justified fitting it. Sometimes you have to take a dubious component out of the equation to get to the source. Its not theft though, theft is appropriation of property belonging to another with the intention to permanently deprive (girlfriend with a masters degree in law)
Your best approach is to go in speak to the service manager find out what they have found, in easy terms nothing technical. Then explain you are unhappy the dealer will always offer an incentive percentage off the price, just ask for discount.
plus we are not all bad guys trying to rip you off, the dealer is also expensive compared to an independant.
I find people feel hard done to because they dont understand what has gone wrong, needs to be done/replaced. And find themselves with a large bill that seems expensive.
Im not trying to be funny, just another perspective from the workshop floor

 

[Robbi]

£800 later..........engine management light came on today !

 

[greenwood]

The part hasn't been stolen has it?

Having seen this situation many times in garages the part is still yours, the customer, most garages will put a notice up on their public viewing board that says some thing like "your old parts can be given back if asked for, but if not, are disposed of, by us at the end of the working day (when the bins are emptied), for you, at no cost!"

Now the garage trying to fix your car may have checked the pump pressure or quantity and found it incorrect, time for a new pump! to solve the problem, on road test the problem is still there, so another problem exists so could well be part and parcel of same problem.

The motor trade is a mine field!!

Hope you get the problem fixed mate

 

[Robbi]

run out of money now !