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Author Legal help - Should they accept responsibility? *Update*
Matt H
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Registered: 11th Sep 01
Location: South Yorkshire
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20th Oct 06 at 17:42   View User's Profile U2U Member Reply With Quote

Taking it to court takes time though, currently my mum doesn't have a car

The manager who said its nothing to do with us isn't in tomorrow otherwise we'd be down to see him first thing. The franchise manager should be though

Going to get a copy of the inspection sheet if they hand it over. If not its another nail in their coffin

Ian
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Registered: 28th Aug 99
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20th Oct 06 at 17:49   View Garage View User's Profile U2U Member Reply With Quote

Manager is actually right - it's your job as the driver to ensure its roadworthy when you drive it.

I would tell them you're getting it fixed elsewhere, do the deal at 6k, then break it to them on the day that you forgot to get it fixed, just like they forgot to shut the bonnet.

Alternatively, post their name in size 6 font and email them a link to this thread. Its not libel if its factual.

They can fix it and sell a car and break even, or not fix it and sell less cars forever. I know what I would be doing if 326* people had read this thread and want to know the outcome.

(* - information correct at time of going to press )

[Edited on 20-10-2006 by Ian]
John
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20th Oct 06 at 17:50   View User's Profile U2U Member Reply With Quote

Threaten to go to the papers if you don't get sorted.

Bad publicity normally scares them.

And a link to here
mav
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20th Oct 06 at 17:55   View User's Profile U2U Member Reply With Quote

Thats shitty Fight it though..Start of with talking again to the garage and make sure they know you are not going to just going to forget about it. If still no joy go above their head, is it independent garage or large organisation?

If no joy then threaten with bad publicity...Then court action etc etc..Go see citizens advice aswell.



[Edited on 20-10-2006 by mav]
tarmac terrorist
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20th Oct 06 at 18:15   View User's Profile U2U Member Reply With Quote

go to u local c-a-b or u local onbuds man he will sort it out stright away
Matt H
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Location: South Yorkshire
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20th Oct 06 at 19:57   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ian
Manager is actually right - it's your job as the driver to ensure its roadworthy when you drive it.

I would tell them you're getting it fixed elsewhere, do the deal at 6k, then break it to them on the day that you forgot to get it fixed, just like they forgot to shut the bonnet.

Alternatively, post their name in size 6 font and email them a link to this thread. Its not libel if its factual.

They can fix it and sell a car and break even, or not fix it and sell less cars forever. I know what I would be doing if 326* people had read this thread and want to know the outcome.

(* - information correct at time of going to press )

[Edited on 20-10-2006 by Ian]


He didn't actually suggest that we should've checked it before we left

The bonnet wasn't actually lifted in the check, the lever was just pulled. This in turn caused the accident

We've even had the salesman offer to personally pay the excess on the insurance, if he didn't think it was unintentionally caused by him why would he offer this?

They have insurance & this is an accident. Why wont they claim off it?

To save messing about we'd actually pay £6500 plus the car, its a kind of push come to shove situation though

We'll have to see how the franchise manager is, hopefully he is more helpful than the sales manager (Dave Scott)
Matt H
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20th Oct 06 at 19:59   View User's Profile U2U Member Reply With Quote

My mum wants to do the easy thing & just pay the excess on the insurance

Could always try & claim it back afterwards but it affects her NCB etc on insurance
Rick Draper
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Registered: 10th Feb 01
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20th Oct 06 at 20:12   View User's Profile U2U Member Reply With Quote

The garages view will be that it is totally possible you have had the bonnet up since leaving the garage and failed to close it yourself. Can you prove 100% you did not do this? If not i fail to see how you could claim.
Steve
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Registered: 30th Mar 02
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20th Oct 06 at 21:12   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ian
Manager is actually right - it's your job as the driver to ensure its roadworthy when you drive it.

I would tell them you're getting it fixed elsewhere, do the deal at 6k, then break it to them on the day that you forgot to get it fixed, just like they forgot to shut the bonnet.

Alternatively, post their name in size 6 font and email them a link to this thread. Its not libel if its factual.

They can fix it and sell a car and break even, or not fix it and sell less cars forever. I know what I would be doing if 326* people had read this thread and want to know the outcome.

(* - information correct at time of going to press )

[Edited on 20-10-2006 by Ian]


i cant see this TBH ian.

I mean what would happen if you went to get your tyres changed, are you expected to go round with a wheel brace checking that the bolts are tightened?

or going to the extreme, say you had your engine replaced, are you meant to check that they have tightened the engine mounts sufficiently?

Garages have a duty of care, that is why you pay them and trust that they have done the job sufficiently.
Robin
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20th Oct 06 at 21:13   View Garage View User's Profile U2U Member Reply With Quote

you ARE expected to check the wheel nuts after 20 miles, yes.

there is a disclaimer on every invoice provided by all tyre fitters explaining that.
Steve
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20th Oct 06 at 21:16   View Garage View User's Profile U2U Member Reply With Quote

this wasnt 20 miles though
Robin
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20th Oct 06 at 21:17   View Garage View User's Profile U2U Member Reply With Quote

nor was it a wheel nut.

just answering your question though.
Steve
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20th Oct 06 at 21:20   View Garage View User's Profile U2U Member Reply With Quote

what about if the wheel fell off at 1 mile?
Robin
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20th Oct 06 at 21:27   View Garage View User's Profile U2U Member Reply With Quote

dunno. probably some get out clause.
Gaz
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20th Oct 06 at 21:33   View User's Profile U2U Member Reply With Quote

might sound silly but if your going to fight it, take the handle off for the bonnet catch and fingerprint it? its evidence to back your story up.

I can understand where there coming from with the "its off our land" but seriosly, lets face it, if you open a bonnet on somebodys car, you make sure you shut it, Espesialy if your job entails it.
Ian
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20th Oct 06 at 21:36   View Garage View User's Profile U2U Member Reply With Quote

Yes, valid points.

In the case of a wheel change or for that matter an engine change, you would expect that the vehicle is returned to you in a state in which the job is done and the car is able to be driven.

This job - that of the inspection - has been conducted but the car was not left in a similar state to which it arrived.

Do me a favour and next time you're in there get a go in the Monaro on the forecourt and give it some death for me. Pics/vids/sketches etc.
chris-sri
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20th Oct 06 at 22:59   View User's Profile U2U Member Reply With Quote

You've got a civil claim there without a doubt. It's just the hassle of going through the courts etc. The best way out of it surely has to be to try and get them to do a deal on your mum's new car. That way it's a win win situation. I'm not suggesting this is right as they have fcuked up but as always it's what you can prove that counts
jr
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Registered: 20th May 02
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21st Oct 06 at 08:07   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Matt H
The SXI+ is 8.5 OTR
which is more than you paid for your cdti with extras





true
Thoday
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21st Oct 06 at 09:30   View User's Profile U2U Member Reply With Quote

Matty, its all down to whom you speak to and how much time you have. As stated most places will shit themselves over bad publicity or court threats. Just ask for a better deal on the corsa exchange.

Vauxhall fixed a leak in my footwell and had to remove the battery, 3hrs later driving at 40mph the car died as the battery terminals were not tightened correctly AA man was shocked!

Went to Vaux and told them and they bricked it.. offered me a free service, wash, mats and a tank of petrol.

Luckily this was not fatal but proving they were at fault was difficult.
nickyboy01
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21st Oct 06 at 10:40   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Steve
quote:
Originally posted by Ian
Manager is actually right - it's your job as the driver to ensure its roadworthy when you drive it.

I would tell them you're getting it fixed elsewhere, do the deal at 6k, then break it to them on the day that you forgot to get it fixed, just like they forgot to shut the bonnet.

Alternatively, post their name in size 6 font and email them a link to this thread. Its not libel if its factual.

They can fix it and sell a car and break even, or not fix it and sell less cars forever. I know what I would be doing if 326* people had read this thread and want to know the outcome.

(* - information correct at time of going to press )

[Edited on 20-10-2006 by Ian]


i cant see this TBH ian.

I mean what would happen if you went to get your tyres changed, are you expected to go round with a wheel brace checking that the bolts are tightened?

or going to the extreme, say you had your engine replaced, are you meant to check that they have tightened the engine mounts sufficiently?

Garages have a duty of care, that is why you pay them and trust that they have done the job sufficiently.


Actually yes when you get the bill of service it stses you must check you wheel nuts after 50odd miles to ensure they are secure, its a disclaimer.
Matt H
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22nd Oct 06 at 10:17   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Ian

Do me a favour and next time you're in there get a go in the Monaro on the forecourt and give it some death for me. Pics/vids/sketches etc.



They have one on the forecourt
Matt H
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22nd Oct 06 at 10:20   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Thoday
Matty, its all down to whom you speak to and how much time you have. As stated most places will shit themselves over bad publicity or court threats. Just ask for a better deal on the corsa exchange.

Vauxhall fixed a leak in my footwell and had to remove the battery, 3hrs later driving at 40mph the car died as the battery terminals were not tightened correctly AA man was shocked!

Went to Vaux and told them and they bricked it.. offered me a free service, wash, mats and a tank of petrol.

Luckily this was not fatal but proving they were at fault was difficult.


Bit of a differance here though, a free service wont cost them that much. To fix the car I can see it costing quite a bit

I don't think I'd want a car from there anyway, not when you can get a D SXI for a few hundred quid more (my mum is starting to see the light now!)
Steve
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22nd Oct 06 at 10:33   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by nickyboy01
quote:
Originally posted by Steve
quote:
Originally posted by Ian
Manager is actually right - it's your job as the driver to ensure its roadworthy when you drive it.

I would tell them you're getting it fixed elsewhere, do the deal at 6k, then break it to them on the day that you forgot to get it fixed, just like they forgot to shut the bonnet.

Alternatively, post their name in size 6 font and email them a link to this thread. Its not libel if its factual.

They can fix it and sell a car and break even, or not fix it and sell less cars forever. I know what I would be doing if 326* people had read this thread and want to know the outcome.

(* - information correct at time of going to press )

[Edited on 20-10-2006 by Ian]


i cant see this TBH ian.

I mean what would happen if you went to get your tyres changed, are you expected to go round with a wheel brace checking that the bolts are tightened?

or going to the extreme, say you had your engine replaced, are you meant to check that they have tightened the engine mounts sufficiently?

Garages have a duty of care, that is why you pay them and trust that they have done the job sufficiently.


Actually yes when you get the bill of service it stses you must check you wheel nuts after 50odd miles to ensure they are secure, its a disclaimer.


like i said what happens if the wheel falls off after 2 miles
Rob H
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22nd Oct 06 at 10:34   View User's Profile U2U Member Reply With Quote

See what the franchise manager says, if you have no luck inform him, you'll be seeking legal advise, and phoning the local paper about their crap service.

A good old comment along the lines of "What worries me is that people may have the same service after paying for having work done to their cars, and be left in the same position as me for the garages mistake. Luckily no-one was hurt, but what if it was a wheel change they'd forgot to fully carry out?" Should make a fair few people weary of using them.

The fact the salesman offered to pay the excess shows it was done by them.



[Edited on 22-10-2006 by Rob H]
Steve
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22nd Oct 06 at 10:40   View Garage View User's Profile U2U Member Reply With Quote

also the tyre thing may have been a bad example, as in this case im sure they wouldnt have been given anything with any disclaimer saying you must check the bonnet etc

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