What you want to know about this? Whether can claim the cost of the gearbox repair from the garage that failed to change the gearbox oil?
It is a provision of the Supply of Goods and Services Act which applies to contracts entered into before October 2015, that a job is carried out with reasonable care and skill and is as described.
If the service should have included a change of transmission fluid then they have failed to do that and hence they are in breach.
As a result of the breach, you may have suffered loss.
You are going to need a report from an independent engineer which confirms that the failure is as a result of the change of transmission fluid.
It’s not unreasonable to let the original garage effect the repair but I can understand in circumstances like this why you don’t want them to do it.
You don’t give them the opportunity to inspect the gearbox, they can allege that it was a completely different problem and hence, whilst you may not want them to do this, it is going to be a wise move to allow them to look at it.
Unless you can get the engineers report which is unequivocal in its opinion that this failure was caused by the non-changing of the fluid, then your claim will fail.
Can I clarify anything else for you?
Please rate the service positive. It doesn’t cost you anything but helps me greatly.
We can still exchange emails. Best wishes. FES.
Broadly speaking. You are correct.
If you don’t let the garage do the work (understandable) they could argue that the work wasn’t necessary or wasn’t caused by their incompetence or that it’s been overcharged.
It would be for you to argue the opposite.
The most important thing is the report.
Remember that if you instruct the other garage to do the work, you are liable to pay for that and then recover it from the fault garage.