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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70225
Experience:  Qualified Solicitor
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I went to the garage to replace the gearbox and the clutch.

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Hello,
JA: Hi. How can I help?
Customer: I went to the garage to replace the gearbox and the clutch. I've paid £775. After an hour the noise came out. The garage is arguing with me that my car has 10years and the noise is in right side but he has done the repair on right. Next day another noise came out on the left side which I informed the garage. He came out to drive the car but the noise did not appear again. I have told the mechanic that I need the car because I have 14monts old baby and daughter which is after legs operation. I go to work every day. He was very abusive saing that its not his fault and he is not going to fix the car only sonda lamda but on Tuesday or Wednesday because is cheap on ebuy. He told me to f..ck off and provide him with 48 hours with the report from other garage. Other noises do not bother him because its old car. However I came into the garage without the noise. After work I drove the car and its loosing its power and noises were very bad. I went to the other garage and I've been told that the clutch is not properly regulated, the gearbox is leaking. there is few screw missing on the engine. I did ask few times the mechanic of the price of gerbox and clutch and he said that he does not have to provide me with breakdown of invoice. I said that I shoud to be aware how much parts cost and his work. He declined severl times to provide me with the car parts cost. I hope you understand my english.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: no
JA: What steps have you taken so far?
Customer: I had an email conversation and text messages with the mechanic. When he declined to fix the car noises I took the car to the other garage to make the report and repair the car because I need to go to airport on Wednesday. He told me that he can only replace the sonda lamda because probabily he damaged it when he tried to take gearbox out. He allowed me to drive this car even if wasn't drivable. I've paid £775 and he said that I have to wait three days for sonda lamda even though I found it for £70 the same day.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I transfered £400 for the gearbox on 24/10 and I suspect that he bought it cheap and this is the reason why he doesn't want to tell me the car parts cost. Maybe he bought it on scrab yard. He said that he has 3 months warranty for gearbox and 12 for clutch.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Are you able to get an independent second opinion on the issue you are having with the car?

Customer: replied 10 months ago.
I can’t because I need the car for Wednesday

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 10 months ago.
However he said that the problem will be fixed after changing sonda lamda. This was the Mechanikopinion in emails and other Mechanik found other issues and the car is at his garage. These are two opinions

Many thanks for your patience. When a person enters into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

{C}· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

If there are problems with any of the above, the customer will have certain rights:

In the event of substandard work, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, the consumer can claim a price reduction, based on the severity of the issues. If the trader refuses to resolve the issues, the consumer can consider getting someone else to do this and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

{C}1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

{C}2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7-14 days is common).

{C}3. In the meantime, find out if the trader is a member of a trade association with a mediation service that can help resolve the complaint.

{C}4. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs.

{C}5. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action. Remember that court is a last resort, however it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

{C}6. Finally, make sure that keep copies of all correspondence.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may issue your claim via the Court’s online portal at www.moneyclaim.gov.uk.

Does this answer your query?

Customer: replied 10 months ago.
In the emails he said that he investigated the car few times and the problem is not related to things he has done and declined to fix it. Do I still need to give him 7 days to fix the car. He replaided several times with decline.

If you are going to threaten legal action to take it further then I would indeed suggest giving a formal deadline before you take it any further. Does this clarify things a bit more for you?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 10 months ago.
No

So what else would you like me to clarify for you please?

Customer: replied 10 months ago.
Is it possible to proof that before I came to garage there were no nosie and I changed the gearbox and clutch and the car has many new noises. Other than that I told him that I want reconditioned gearbox and he fitted in the second hand from scrab yard. In messages I said that the exact amount for gearbox is 400 pound because I checked on internet. He declined to proof the price of gearbox and source. He isn’t honest because he charged me £ 775 for clutch and gearbox. He charges me for reconditioned gearbox but fit in the second hand. He told me after repair and paid invoice in email argument.

How exactly will you prove that?

Customer: replied 10 months ago.
I

Ok that is all evidence you can use in your favour, but in the end it is just evidence and not a guarantee of anything so you won’t know how much help it would be until a court has made a decision based on it and everything else

Customer: replied 10 months ago.
I’ve paid already £40. What proof should I have then? It looks like the customer has no right to decide what to have fitted in its own car.
Customer: replied 10 months ago.
He does

the evidence is whatever you have available - you can't create evidence after the event, you just have to use whatever you have and often it will be your own personal version of events, so nothing in writing

Customer: replied 10 months ago.
I don’t understand what you tare trying to say. I wanted to fix the car and paid the money for the service. However only one person is happy not two of us. He has money but I’m left with a car which needs repair and gearbox is not worth the money i paid for. I thing that we need to finish the conversation because you aren’t answering the questions. I’ll do my best to get money back and make car working well again. I started the process already. Thank you for your time

Ok as you wish, feel free to get back to me if you need further clarification on anything

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