Advice needed on legal situation re: car repairs.
Posted by: Stephen Bennett on 12 September 2005
Hi all
My dealer recently replaced my brake disk pads & disks under warranty. I was away driving on holiday last week and the bolts that were holding the caliper on sheared off. I took the car (under warranty, 18 months old) to the nearest ‘proper’ dealer who was extremely unhelpful. Also the 'customer care' people at the head office finally managed to speak to after 9 hours at the dealers actually hung up on me when I asked to speak to her supervisor. Amazingly, I remained relatively calm throughout and didn’t swear once.
I finally had to drive my damaged car from the premises and get the RAC to recover it after being threatened with physical removal from the premises.
Considering the way I was treated and the near miss I had being involved in a serious accident due to a faulty repair, I was wondering if I may have any legal redress in this situation?
Any advice gratefully received.
Regards
Stephen
My dealer recently replaced my brake disk pads & disks under warranty. I was away driving on holiday last week and the bolts that were holding the caliper on sheared off. I took the car (under warranty, 18 months old) to the nearest ‘proper’ dealer who was extremely unhelpful. Also the 'customer care' people at the head office finally managed to speak to after 9 hours at the dealers actually hung up on me when I asked to speak to her supervisor. Amazingly, I remained relatively calm throughout and didn’t swear once.
I finally had to drive my damaged car from the premises and get the RAC to recover it after being threatened with physical removal from the premises.
Considering the way I was treated and the near miss I had being involved in a serious accident due to a faulty repair, I was wondering if I may have any legal redress in this situation?
Any advice gratefully received.
Regards
Stephen
Posted on: 12 September 2005 by Hammerhead
I don't know any specific legal stuff for this case but I think you ought to contact Watchdog pronto.
Good luck!
Good luck!
Posted on: 12 September 2005 by John Sheridan
not advice, but I would like to know what manufacturer is offering such fine service?
Posted on: 12 September 2005 by Don Atkinson
Stephen,
Many years ago (about 16 or 17) I had the calipers on my 123 Series Merc replaced by the local main dealer in Pangbourne at about 200,000 miles.
About 5,000 miles later, i noticed a slight 'metalic ringing' when turning at full lock. A quick inspection showed that the brake hoses had been badly dressed and had rubbed right through the outer shrouding and were now wearing down to the steel armour. I was in Sunderland at the time, so I got the Merc dealer there to replace the hoses and write a report.
I took the report, the damaged hose and the car back to the Reading dealer, who instantly apologised profusely, refunded the cost and gave a right old bollacking to the sod of a fitter who had done the job, and told him he'd have to undergo some re-training. The last thing the dealer wanted was me sueing him for negligence or shoddy workmanship.
On the face of it, you got a pretty rotten deal and I would imagine that you could make a case against the original dealer who has clearly made some sort of mistake. Regarding the shoddy treatment by the 'holiday' dealer and his head office (or was it the manufacturer's head office ?), I would imagine a case ould be made for not honouring the warranty.
Why didn't you just ask the 'holiday' dealer to repair the car at your expense, then ask your local dealer to refund you? (yes i KNOW it was under warranty, but.....)
And what were you doing for 9 hours without swearing.......
And why did the 'holiday' dealer have you thrown off his premises....
Is there some 'history' that needs to be mentioned?
Cheers
Don
Many years ago (about 16 or 17) I had the calipers on my 123 Series Merc replaced by the local main dealer in Pangbourne at about 200,000 miles.
About 5,000 miles later, i noticed a slight 'metalic ringing' when turning at full lock. A quick inspection showed that the brake hoses had been badly dressed and had rubbed right through the outer shrouding and were now wearing down to the steel armour. I was in Sunderland at the time, so I got the Merc dealer there to replace the hoses and write a report.
I took the report, the damaged hose and the car back to the Reading dealer, who instantly apologised profusely, refunded the cost and gave a right old bollacking to the sod of a fitter who had done the job, and told him he'd have to undergo some re-training. The last thing the dealer wanted was me sueing him for negligence or shoddy workmanship.
On the face of it, you got a pretty rotten deal and I would imagine that you could make a case against the original dealer who has clearly made some sort of mistake. Regarding the shoddy treatment by the 'holiday' dealer and his head office (or was it the manufacturer's head office ?), I would imagine a case ould be made for not honouring the warranty.
Why didn't you just ask the 'holiday' dealer to repair the car at your expense, then ask your local dealer to refund you? (yes i KNOW it was under warranty, but.....)
And what were you doing for 9 hours without swearing.......
And why did the 'holiday' dealer have you thrown off his premises....
Is there some 'history' that needs to be mentioned?
Cheers
Don
Posted on: 13 September 2005 by Guido Fawkes
Stephen
What car do you have?
Try emailing the CEO with a direct complaint about the garage. I did it with one manufacturer and noticed a significant change at the garage soon after.
Rotf
What car do you have?
Try emailing the CEO with a direct complaint about the garage. I did it with one manufacturer and noticed a significant change at the garage soon after.
Rotf
Posted on: 13 September 2005 by Nime
I wonder if the mechanic didn't use an air-powered socket wrench/spanner without consulting the required torque settings? There is hardly a bolt or screw on a car that doesn't have a unique torque setting recommendation. Overtightening can easily stress a fixing bolt to destruction.
Your restraint is commendable. It usually works if you remain calm and keep repeating your needs. Perhaps you were calm but too "sarky" for them?
I still think we should be told the manufacturer involved. Bit of a tease starting a thread and then not naming and shaming. What is worse there is no pressure on these dealers to improve unless they get bit of negative publicity.
I also recommend approaching the Big Guy. This worked quickly for me on an insurance claim that was taking months.
Your restraint is commendable. It usually works if you remain calm and keep repeating your needs. Perhaps you were calm but too "sarky" for them?
I still think we should be told the manufacturer involved. Bit of a tease starting a thread and then not naming and shaming. What is worse there is no pressure on these dealers to improve unless they get bit of negative publicity.
I also recommend approaching the Big Guy. This worked quickly for me on an insurance claim that was taking months.
Posted on: 13 September 2005 by Stephen Bennett
quote:Originally posted by Don Atkinson:
Why didn't you just ask the 'holiday' dealer to repair the car at your expense, then ask your local dealer to refund you? (yes i KNOW it was under warranty, but.....)
I did. They told me it would be ready the next day. Then they let me walk a mile in the rain in one of the worst parts of Liverpool to get a train to Southport before they called me to say that they couldn't actually get the bolts until tuesday at the earliest (I was due back in Norwich the day after the incident (saturday), to do some urgent work and then go on to Sweden).
quote:
And what were you doing for 9 hours without swearing.......
I did say I was pissed off after I was threatened with the police.
quote:
And why did the 'holiday' dealer have you thrown off his premises....
Because it was 5:30, Friday and they were all going to some kind of party. Members of staff were getting changed as I was trying to sort things.
I'd rather not mention the manufacturer or Dealer yet - I will come back to the thread after I've contacted them and received a reply - I promise. As you can imagine, the dealer who repaired the brakes in the first place is being extra nice to me now.
Regards
Stephen
Posted on: 14 September 2005 by Don Atkinson
Stephen,
I think I would concentrate on the dealer who did the work in the first place. I think you could get a refund for all your troubles including compensation for distress and inconvenience.
Reading between the lines, I guess that you 'blew' it with the Liverpool dealer when
a) he let you walk in the rain
b) he couldn't source the parts imediately
c) you walked back in the pouring rain
c) you gave him a piece of your mind (i presume this is why he threatened to call the police)
My guess is you'll get nowhere with the Liverpool dealer or the manufacturer, because they will claim you were unreasonable and intimidated their staff in the garage and on the phone.....and its their word (lots of them) against yours.
I fell out with British Gas about three years ago over a billing mistake. On the phone two of them ganged up on me and were really abusive because I hadn't paid a £65 debt and beacuse I had refused to increase my standing order to cover this debt and their estimate of next year's consumtion. When I calmly pointed out that the 'debt' was actually a surplus (ie in my favour) etc and they had mis-read their computer print-out etc, they couldn't bring themselves to apologise. So I rang their supervisor and demanded that the tape-recordings be pulled and kept as evidence of the conversation. I also demanded to speak to a real director.
One of these days I intend to frame the formal apology from the director.
I imagine the two twits are still on the dole.
Cheers
Don
I think I would concentrate on the dealer who did the work in the first place. I think you could get a refund for all your troubles including compensation for distress and inconvenience.
Reading between the lines, I guess that you 'blew' it with the Liverpool dealer when
a) he let you walk in the rain
b) he couldn't source the parts imediately
c) you walked back in the pouring rain
c) you gave him a piece of your mind (i presume this is why he threatened to call the police)
My guess is you'll get nowhere with the Liverpool dealer or the manufacturer, because they will claim you were unreasonable and intimidated their staff in the garage and on the phone.....and its their word (lots of them) against yours.
I fell out with British Gas about three years ago over a billing mistake. On the phone two of them ganged up on me and were really abusive because I hadn't paid a £65 debt and beacuse I had refused to increase my standing order to cover this debt and their estimate of next year's consumtion. When I calmly pointed out that the 'debt' was actually a surplus (ie in my favour) etc and they had mis-read their computer print-out etc, they couldn't bring themselves to apologise. So I rang their supervisor and demanded that the tape-recordings be pulled and kept as evidence of the conversation. I also demanded to speak to a real director.
One of these days I intend to frame the formal apology from the director.
I imagine the two twits are still on the dole.
Cheers
Don
Posted on: 14 September 2005 by long-time-dead
Stephen
A long time ago, my wife went into labour and required an emergency cesaerian after 23 hours.
Needless to say, I was knackered after staying with her all night and went home to finish the decoration at home in the nursery.
Time flew by and it was soon time to head to the hospital for visiting. I hadn't slept for nearly two days. Neighbours insisted I had a dram or two !
I was still in my overalls and went into my local Mothercare to get some things for my new daughter. Spent about £90 and paid by cheque.
Assistant immediately refused to accept it (even though I had my cheque card, Driver's licence and there was more than enough in the account to cover it 10x over.....) and telephoned a "Code 10" to the authorisation centre.
Knowing full well what that inferred, I called for the Manager and demanded an explanation in her office. I requested that the security tapes were replayed and for a full explanation as I had done nothing wrong apart from decide to buy merchandise there. In short, I got pissed around.
One quick telephone call to their head office from my mobile asking for the MD (Sir Terence Conran), and suggesting that my solicitor would be the next call if I wasn't connected, put me through to his secretary. Supremely pleasant, she took all my details, concerns and details of the incident.
Next day, a bouquet arrived at the hospital concerned from Mothercare. It transpired the secretary had telephoned all the Glasgow hospitals to find out where my wife was.
A small gesture but it restored my faith in large corporations. They do care, but they need to know what is happening at floor level.
Call the MD of the company. State your case politely - it works !
FWIW - the manager was changed by the time I next visited - I asked for her to inform her of the outcome but was told that she had "moved on".
A long time ago, my wife went into labour and required an emergency cesaerian after 23 hours.
Needless to say, I was knackered after staying with her all night and went home to finish the decoration at home in the nursery.
Time flew by and it was soon time to head to the hospital for visiting. I hadn't slept for nearly two days. Neighbours insisted I had a dram or two !
I was still in my overalls and went into my local Mothercare to get some things for my new daughter. Spent about £90 and paid by cheque.
Assistant immediately refused to accept it (even though I had my cheque card, Driver's licence and there was more than enough in the account to cover it 10x over.....) and telephoned a "Code 10" to the authorisation centre.
Knowing full well what that inferred, I called for the Manager and demanded an explanation in her office. I requested that the security tapes were replayed and for a full explanation as I had done nothing wrong apart from decide to buy merchandise there. In short, I got pissed around.
One quick telephone call to their head office from my mobile asking for the MD (Sir Terence Conran), and suggesting that my solicitor would be the next call if I wasn't connected, put me through to his secretary. Supremely pleasant, she took all my details, concerns and details of the incident.
Next day, a bouquet arrived at the hospital concerned from Mothercare. It transpired the secretary had telephoned all the Glasgow hospitals to find out where my wife was.
A small gesture but it restored my faith in large corporations. They do care, but they need to know what is happening at floor level.
Call the MD of the company. State your case politely - it works !
FWIW - the manager was changed by the time I next visited - I asked for her to inform her of the outcome but was told that she had "moved on".