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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69270
Experience:  Over 5 years in practice
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Good Morning, I took my car into the main dealer

Customer Question

Good Morning,
I took my car into the main dealer for some warranty work on the 4/02/2015
It went in due to:
Washer jets not operating.
Knocking from rear suspension
Dashboard Rattle
Parcel shelf rattle.
The car is a 63 plate with 18000 miles on the clock.
I was telephone around two hours later to advise they could find no fault anywhere within the car except for the washer jets but they also noted that the front brake pads needed changing at a cost of £280!
I contacted a second main dealer who advised it was unlikely the pads needed changing so soon but advised that the price would be £136, I notified the first dealer of this who then came back with a price of £124! At this point I was upset by the idea of being conned.
I returned a little later to collect my car as they advised they needed to wait for the part for the washer jets to arrive, I then proceeded to check my dashcam, which is a small camera fitted to the front of my car which records at all times (for my safety), what I saw disgusted me.
The car was recklessly driver at speeds in excess of 104MPH in a 60MPH zone and 52MPH in a 30MPH zone with the radio on and spinning up my front tyres with a cold engine, which can lead to premature failure of the components as it is a high performance turbo charged engine. I also came to the conclusion from the footage that no checks were performed as the car was on the ramp for less than 2 minutes for what I considered to be a dangerous suspension fault.
I can see that no serious inspection was undertaken and my car was driven dangerously with a lack of respect for my belongings.
I have reported this to the main dealer who is investigating and have the full footage of the events.
The MD of the company in question has since put the employee through a disciplinary procedure and initially offered me 1 free service, to which I refused. I have counter offered with:
2 front tyres to replace the damage done to the ones whilst in their care
1 Set of front brake pads
1 Free Service
£37 Worth of fuel to cover the cost of the fuel used and a memory card for my camera which they have requested.
They accepted this and have since sent over a Confidentiality agreement to sign, which anyone who can read can see is a joke. What is my best course of action in terms of proceeding with this matter?
The MD of the company also refuses to communicate using his work email address and insists on using a GMail account, and when questioned why he insists he doesn't have one, I know otherwise.
Your assistance would be appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

Does the Confidentiality Agreement look suspect to you, and how should it be worded to ensure I get what I've asked in terms of the agreement, as at the minute it looks like it only serves to benefit them.

Especially point 9

Customer: replied 1 year ago.

Removed personal data

Expert:  Jo C. replied 1 year ago.

Obviously, this treatment of your property is appalling.

You might want to put something in the agreement with regard to premature failure of the engine being their responsibility if the conclusion is that it has been over revved when cold.

I think the fact that they are asking you to sign a confidentiality agreement, somewhat bizarre. They are obviously concerned that this is going to go further than what they don’t want you to do presumably is have the whole thing in the newspaper or refer it to Kia head office.

You need something outside the confidentiality agreement which confirms the contents of clause 1.1.7 and details what they are going to do and then says that they will do this subject to the confidentiality agreement.

At this stage, you might want to consider stopping communicating in email putting everything in writing on paper.

The other thing that you need to consider is whether you really want this work done at this garage.

Perhaps I’m being paranoid, but I trust that you have a copy of everything that is on the memory card!

Other than the above, there’s nothing wrong with the agreement itself.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69270
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for you response,

Would it be worth me adding in a bit about ensuring that the dashcam is left alone for future visits there?

If so how would I word this to ensure I was protected?

Also what does point 9 actually mean?

It reads to me as sign this agreement, give us the evidence and I get nothing, or am I reading it completely wrong?

Thanks in advance


Expert:  Jo C. replied 1 year ago.

You can into the agreement whatever you like although if you don’t trust them enough that you want them to leave the dash cam on, it begs the question as to whether you should still be using them!

You can specify that must leave it on but they can then cover it up or reangle it and the doc becomes unwieldy to cater for all that

I don’t know what point 9 is now because it has been removed. Can you please let me know what the paragraph says?

Customer: replied 1 year ago.

9 No offer or contract

This agreement and the supply of Confidential Information by either Party is not an offer and

does not constitute the basis of any contract or a representation which may be relied on by the


Expert:  Jo C. replied 1 year ago.

Thank you.

You need to make sure that the offer to do the work is excluded from clause 9.

“Save as provided for in clause X (tyres etc) then….this agremeent etc

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