Rip Off Garage

[sarahjng]

GRRR,  totally ticked off,  our new (to us) car is already in for repair, it started overheating, it's still under warranty so took it in to our local garage, they said they would put it on a diagnosis machine and let us know, instead they put in a new thermostat and housing (£200) but that didn't fix the problem, then they put it on the machine and it needs a new fan unit thing ( another £300+) and the warranty people will only cover the fan thing because they replaced the thermostat BEFORE they checked it over properly, so now we're left with a bill of £250, ( we have to pay the whole bill, £657, and claim it back because they won't accept payment from the warranty people direct !)  

 

[Stranger]

did it need a new thermostat and housing, if not did they ask you if they could do the work, if not, tell them to put it back to how it was.

 

a colleague of mine got his car serviced, when he went to pick it up, they had replaced his brake disks and pads, charging him over £500+ he told them to remove it all and put back how it was, and he would only pay the services.

 

If they don't ask they cant do

[lebe03]

I would query the bill with the garage if you didn't authorise the replacement of the thermostat and housing they shouldn't have done the work and instead only carried out the agreed work of running a diagnostic check.  If you have no joy contact trading standards for some advice.  At the very least you should only need to pay half the cost

[sarahjng]

No idea if it needed a new thermostat, don't think we'd be able to prove it either way as no check was done until after it was replaced.  We have queried it with the garage, that was when they started getting shirty with us. We need the car so going to `Pay Under Protest` and carry on arguing after.  It's just so annoying they can think they can just do stuff like this, I wish I understood engines !

[Andy]

From Trading Standards Website

 

 

  Trading Standards Service    

 

 

 

 

Our Advice Sheets

 

Vehicle repairs and servicing - your rights

 

 

When you take your car to a garage for servicing or repair, you enter into a legally binding contract with the garage owner.  This is controlled by many laws including the Supply of Goods and Services Act 1982. This law gives you certain consumer (sometimes referred to as statutory) rights under the contract. You are entitled to expect that the work is carried out with reasonable care and skill, within a reasonable time and at a reasonable charge. If a part is replaced, the new part should be of satisfactory quality, fit for purpose, and as described.

If a fault has not been repaired properly, you should allow the garage the chance to fix it. If it fails to do so, you may be entitled to get the work done elsewhere and recover your costs. If the garage fits a part that turns out to be faulty and it has not been fitted very long, you may be entitled to a refund, or you could ask for the part to be replaced.

The Consumer Protection from Unfair Trading Regulations 2008 ban commercial practices that are unfair to consumers.  If a garage misleads you, for example charging for work that has not been carried out, the regulations may have been breached.

In the guide
Know your rights
How do I check if the garage is reputable?
What if something goes wrong?

Know your rights
A car is an expensive purchase so it makes good sense to maintain it and hopefully prolong its life by having it regularly serviced. Most garages are reputable and honest, but there are some garages that will carry out poor quality servicing and repairs at a high price. Many of these problems can be avoided by taking some precautionary steps.

When you take your car to a garage for servicing or repair, you enter into a contract with the garage owner, which is controlled by many laws including the Supply of Goods and Services Act 1982. This law gives you certain consumer (sometimes referred to as statutory) rights under the contract. You are entitled to expect that the repair work is carried out:

• with reasonable care and skill - this means that the garage should carry out the work competently and to a standard expected of a garage of that type
  • in a reasonable time (if there is no specific time agreed)
    • for a reasonable charge (if no fixed price was set in advance)

    If the garage replaces a part during the service or repair, you are entitled to expect that the part is:

    • of satisfactory quality - the part should be free from minor defects, safe and durable for a reasonable length of time. When assessing satisfactory quality, you should take into account, price, age, and condition at the time of supply
      • fit for its purpose and any purpose made know to the trader - the part should perform as it is designed to do and must also be fit for any specific or particular purpose made known to the garage at the time of the agreement
        • as described - the part should correspond with any description applied to it. In some circumstances the garage may be liable for any statement made by the manufacturer of the part

        If a fault was not correctly diagnosed or was not repaired properly, you should allow the garage the opportunity to fix it. If the garage fails to do so, you may be entitled to get the work done elsewhere and recover the cost from the garage. In this instance, you should write to the garage to inform them of your intentions. Include three written quotations for the cost of repairs elsewhere and advise the garage that you will be seeking reimbursement of the average repair quotation.  Please see our ‘Getting evidence to prove your claim’ leaflet for more information.

        If the garage fits a part that turns out to be faulty and it has not been fitted very long, you may be entitled to a refund or you could ask for the part to be replaced. You can opt for a repair as an alternative and still retain your right to a replacement or refund if the repair is unsatisfactory. If the part fails within the first six months it is the garage that needs to prove it ‘conformed to the contract’ (was not faulty).  You are entitled to have it repaired or replaced as long as it does not cause you significant inconvenience or take an unreasonable amount of time. If repairs are inconvenient, or will take a long time, you may be entitled to a partial refund or to rescind (cancel) the contract for the work. Remember that fair wear and tear is not a fault and not the responsibility of the garage.

        If you pay for the repair or service by credit card and if the work costs more than £100, you are protected by the Consumer Credit Act 1974. Section 75 of the Act makes the card provider as responsible as the trader for a breach of contract or a misrepresentation. You are entitled to take action against the trader, the card provider or both. This does not apply to charge cards or debit cards.

        If you use a debit card to pay for the repair or service or if you use a credit card and the price of the work is less that £100 (your rights under the Consumer Credit Act 1974 would not apply) you may be able to take advantage of the chargeback scheme. Chargeback is the term used by card providers for reclaiming a card payment from the trader's bank. If you can evidence a breach of contract - for example, if the repair is substandard or the trader has ceased trading - you can ask your card provider to attempt to recover the payment. Check with your card provider as to how the scheme rules apply to your card and what the time limit is for making a claim.

        The Consumer Protection from Unfair Trading Regulations 2008 ban commercial practices that are unfair to consumers.  If a garage misleads you, for example charging you for work it claims to have done but has not or fits inferior parts when you only agreed to have a particular manufacturer’s parts or fits second hand parts and claims they are new.  In these cases the regulations may have been breached.  You should report these instances to the Citizens Advice consumer service for investigation by trading standards.

         How do I check if the garage is reputable?
        Quality of service and the price charged can vary from garage to garage so you should shop around for the best deal and take note of the following points before committing yourself:

      • check to see if the garage is a member of a trade association such as the Vehicle Builders and Repairers Association, the Retail Motor Industry Federation or a trading standards approved scheme such as 'Buy With Confidence'. ask friends and family if they can recommend a good garage to you or warn you against using a disreputable garage ensure that the garage offers you clear information on repair and servicing options, together with prices, so you can make an informed decision before you go ahead make sure the garage seeks your permission to do additional work beyond what was originally agreed. You should remember to leave contact details in case problems develop the garage should give you a written quotation (a fixed price) if you ask for one or if this is not possible, you should obtain a written estimate and give a maximum amount that the garage can spend without your authorisation the garage should give you a written invoice that itemises all materials, parts used and their costs, as well as labour charges consider using a garage that has a recognised complaints procedure the garage should give you the old parts back if you ask for them. It is best to make sure you have made the garage aware of this before any work starts check beforehand if the garage gives you a guarantee or warranty on its work and materials, although you should remember that this is in addition to your usual consumer rights the garage should give you an idea of how long the work will take to complete and may offer you a courtesy car in the meantime. Always check the terms and conditions attached to the supply of a courtesy car before going ahead

        • If the garage is not willing to comply with your requests or you are unhappy with the suggested repairs or their cost, be prepared to take your car elsewhere.

          What if something goes wrong?
          THE CAR IS NOT READY BY THE AGREED DATE
          Discuss the situation with the garage and if necessary follow up with a letter making time of the essence (this means giving a deadline) for the repairs to be completed. If the car is still not ready and the garage does not appear to be very helpful, it may be necessary for you to take the car away. You will probably have to pay for any work that has been carried out at that point.  Please see our ‘Writing an effective letter of complaint’ leaflet for more information.

          THE FAULT HAS NOT BEEN FIXED
          Take the car back as soon as possible to allow the garage a chance to examine and repair the fault at no additional cost to you. If you are unable to do this, phone the garage as soon as possible and explain the problem to a person in authority. Give the garage the opportunity to offer a resolution.

          REPAIRS HAVE BEEN CARRIED OUT WITHOUT AUTHORISATION
          This can be a contentious matter, especially with verbal contracts, as it can be very difficult to prove that the garage carried out the work without your authority. It will generally come down to your word against the word of the garage. If the garage has carried out unauthorised work, you could ask the garage to put the vehicle back to its original condition. This course of action, however, can create problems, especially if it would leave your car in a worse condition or even render it unroadworthy. The garage may also refuse to undo the work or release the car without payment. If improvements have been made, the garage is entitled to exercise a lien over the car (this is a legal right to hold disputed goods until payment is made). In these circumstances, the only way you can recover possession of the car is to 'pay under protest' and to pursue your claim for reimbursement - it's important to seek advice about paying under protest from the Citizens Advice consumer service .

          The garage may be a member of a trade association with a conciliation, mediation, or arbitration service, which can help sort out your complaint. You may have to pay for using an arbitration service, but conciliation is usually free. Discuss the service offered with the trade association before committing yourself.

          You could also, as a last resort, take legal action - for more information, please see our leaflet 'Thinking of suing in the County Court?'.

          THE GARAGE DOES NOT ACCEPT LIABILITY
          Put your complaint in writing, giving the garage a specific date to fix the fault (see our leaflet 'Writing an effective letter of complaint' for a template letter). You may need to obtain a written report from an independent engineer to provide technical evidence to back up your claim. Please see our ‘Getting evidence to prove your claim’ leaflet for more information.

          If the garage does not respond to your letter, you may have to have the defects fixed by another garage (it may be advisable to inform the second garage that the repair is the subject of a dispute). You will have to pay for the repair and then claim the repair costs back. You may wish to use the services of a trade association, if the garage is a member, or take legal action in the small claims court. The court may not accept a report you have obtained prior to taking legal action.  The court may direct you and the garage to appoint a single expert. If you and the garage cannot agree the choice of expert or the arrangements for paying the expert's fee, then you or the garage must apply to the court for further directions. The court would then make a decision about the expert. The limit for recovering expert's fees in court is £750.00.  Please see our ‘Getting evidence to prove your claim’ leaflet for more information.

          Disputes as detailed above can be quite complex and you should contact the Citizens Advice consumer service as soon as any problems start to develop.

          THE COST OF THE REPAIR IS HIGHER THAN EXPECTED
          If you are in dispute and refuse to pay the price the garage is charging, the garage is entitled to exercise a lien over the car (this is a legal right to hold disputed goods until payment is made). In these circumstances, the only way you can recover possession of the car is to 'pay under protest' and to pursue your claim for reimbursement via a trade association (if the garage is a member of one) or in court. If paying under protest it is advisable to make this clear in writing at the time of payment.

          THE CAR WAS DAMAGED AT THE GARAGE
          The garage has a general duty of care to look after your vehicle while it is in its possession. If the car is damaged at the garage due to staff negligence, the garage will be responsible for carrying out the repairs at no cost to you or compensating you for the cost of having the repairs done elsewhere.

          Please note
          This leaflet is not an authoritative interpretation of the law and is intended only for guidance. Any legislation referred to, while still current, may have been amended from the form in which it was originally enacted.

          For further information please contact the Citizens Advice consumer service, which provides free, confidential and impartial advice on consumer issues. Visit www.adviceguide.org.uk or call the Citizens Advice consumer helpline on 08454 04 05 06.

          Relevant legislation
          Supply of Goods and Services Act 1982
          Consumer Protection from Unfair Trading Regulations 2008
          Consumer Credit Act 1974

          Last reviewed/updated: July 2013

           

        • if a fault diagnosis is required, the garage should explain the procedure to you, tell you the cost, and inform you of subsequent repair options