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[quote][i]Originally posted by iceman[/i] [quote][i]Originally posted by 3CorsaMeal[/i] Vehicle repairs and servicing Vehicle servicing is covered by the Supply of Goods and Services Act 1982 Vehicle servicing and repair are obvious areas where disputes can occur between the vehicle owner and the garage. When you take your vehicle to a garage for servicing or repair, you are entitled, under the Supply of Goods and Services Act 1982, to expect the garage to carry out the work: With reasonable care and skill (the standard of skill of an average garage) In a reasonable time (unless a specific time was agreed) At a reasonable cost (unless a price was agreed) As the majority of vehicle owners are not very knowledgeable about the mechanics of their vehicle, they are therefore very reliant on the garage staff to treat them fairly and carry out a good job at a reasonable price. Unfortunately, even though the majority of garages are very reputable and honest, there are some garages who will, if you let them, provide poor quality work at a high price. A lot of these problems can be prevented by taking some simple precautionary steps. BE SPECIFIC Do not just take your car to a garage and ask them to 'fix' it.! You are asking for trouble as a disreputable garage could literally repair any faults they find. Do not give the trader an open cheque by not obtaining a firm price for the work. Discuss the symptoms and the likely costs of the repair with the owner, clarify whether the price is just for the materials or includes the labour and also whether VAT is included. Try to obtain a written quotation which specifies what repairs are necessary, what parts may be required (ask for the old parts to be given back to you) and also includes a price for the work. If this is not possible, obtain a written estimate and give a maximum amount that the garage can spend without your authorisation. Do not just leave the vehicle with the garage to repair when they can fit it in. Agree a firm date and time, with the owner, when the work will be completed. Leave a contact number in case any problems develop. If the trader is not willing to comply with your requests, or you are unhappy with the amount or cost of the work that is suggested, be prepared to take the car elsewhere, or to seek a second opinion. WHAT IF SOMETHING GOES WRONG ! The car is not ready by the agreed date. Discuss the situation with the owner and try to obtain a new date for completion. If the car is still not ready and the trader 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. The fault has not been rectified Take the car back as soon as possible to allow the garage a chance to examine and resolve the fault. If you are unable to do this, phone the owner as soon as possible and advise him of the problem. Give him the opportunity to resolve the problem. 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 had carried out the work without your authority. It will generally come down to 'proving' your word against the word of the garage. If the garage has carried out unauthorised work, you could require them to 'undo' the work and put the vehicle back in its original condition, however, this course of action can also create problems, especially if it would make the vehicle unroadworthy . The trader may also refuse to undo the work or release the vehicle 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 then pursue your claim for reimbursement against the garage through arbitration (trade association) or the courts. The garage doesn't accept liability! Put your complaint in writing, giving the garage a specific date to rectify the fault. [See leaflet 'Writing a letter of complaint'] You may need to obtain a written report, from an independent engineer, [ e.g. AA or RAC ] to provide technical evidence to back your claim. If the trader does not respond to your letter, you may now have to have any defects rectified by another garage. [ It is only fair to advise the owner of 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, if necessary, through arbitration (trade association) or the courts. The cost of the repair is higher than I 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 then pursue your claim for reimbursement against the garage through arbitration (trade association) or the courts. You will need to advise the garage in writing that you are not accepting the price and are paying purely to get the car back, and giving them a specified period in which to reimburse the disputed amount. You may ultimately have to pursue your claim through arbitration (trade association) or the courts. The vehicle was damaged at the garage The garage has a general duty of care to look after your vehicle while it is in their possession, therefore if the vehicle is damaged at the garage, the cost of any repairs will be the garage's liability. Good Garage Schemes Some Trading Standards Services operate 'Good Garage Schemes' for vehicle sales and/or servicing and repairs. You may wish to contact your local Advice Office for a list of current members. A68 08/02 This leaflet is relevant for the following nation(s) only: England Wales Northern Ireland [/quote] 3CM u r a legend cheers for doing that i just havent got the patient at the mo now :( [/quote]
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