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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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What do I do when I take my car to be fixed and they fit the

Customer Question

What do I do when I take my car to be fixed and they fit the car with a ABS wire but the problem was not done thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Ok I took my mini to a bmw garage for an mot they passed it but said I need to fix my ABS and need a new tyre. So I took it to a local garage and they detected the front passenger wheel had the problem with ABS so they fit a part to solve the problem also a new tyre. But when we went to pick the car up they told me they turned the engine on and the ABS was still showing but still had to pay the amount of £186.06 for the service. Yes I got a new tyre but the ABS was not sorted

Expert:  Jo C. replied 2 years ago.
Had they told you that this would resolve it?
Customer: replied 2 years ago.

Yes they did the dynostic's to find out which wheel it was and said that would be £20.00 but knocked that off the price when picked it up


 

Expert:  Jo C. replied 2 years ago.
Thanks.

If they said that fitting this wire would solve the problem and it has not solve the problem, they are in breach of the Supply of Goods and Services Act for failing to carry out the job with reasonable care and skill.

But however they said they could fit the wire because they thought that is what it was but they could not guarantee it, then they are not in breach.

If you paid £186 for the service but they refunded the cost of the wire, because it did not solve the problem, then you have no claim to make because they have compensated you for whatever you have lost.

I'm sorry if this is bad news for you.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

No the £20.00 was to actually test the car to see which wheel the ABS was faulty even before they tried to fix it when I went back to pick it up they said they couldn't fix it but still had to pay even though all I got was a new tyre

Expert:  Jo C. replied 2 years ago.
Thanks

If you are saying that you took the car for the service which cost £186 and you will also asked them to fix the ABS light which they tested and charge you £20 for book could not fix and therefore they return the £20 to you, you have no cause of action because they have not charged you for something which they said that they could not fix with the garage says that they cannot fix something, you cannot take them to court to make them fix it if you have not suffered any loss.

You are in exactly the same position now that you were when you went into the garage whereby the ABS light is still on.

It may be outside their sphere of expertise.

Please tell me if I have misunderstood what has happened?

Jo
Customer: replied 2 years ago.

yes you have miunderstood the £20.00 was not paid to them it was going to be added to the amount I owed them for the work carried out tyre and ABS they did fit a wire in the wheel that indicated was faulty but when I picked the car up they said sorry but we haven't managed to fix it we changed the tyre and put a ABS wire on the wheel I didn't mind paying for the tyre but to pay for something that still hasn't been fixed must be wrong

Expert:  Jo C. replied 2 years ago.
I'm sorry, you said you had a service so I assume that you had had the car serviced.

It appears that you meant you paid for the “service” of putting the wire on which did not fix the fault.

You are liable to pay them for the work that they did provided they said that it would fix the fault if they said we will do this work and it will cost you £XXX provided they said that it does not guarantee that it will fix the fault.

If they said we will fix the fault and it will cost you £XXX and they did not fix the fault, you are entitled to take the car somewhere else and ask the original garage for the difference between whatever it costs you whatever the original garage charged.

They agreed to do a job for a price and they are under a duty to do the job for that price unless they did say they could not guarantee to fix it but they would try nonetheless.

Obviously you have to pay for the tyre but I don't know whether the tyre is on top of that or included.

If they do not pay up then you have to take them to court but expect them to say that they did not guarantee to fix it at that price because ABS, from what I understand, is very expensive to repair and highly unpredictable when it goes wrong.

Whether you one in the Small Claims Court would come down to whether the judge believed your version of events or that of the garage

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