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What are rights over car repair

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  • What are rights over car repair

    My daughter in laws car broke down in middle of town some months ago when she had her three young children aged 1 to 5 on board. She was in blind panic and a friend of theirs who is a mechanic and works for a garage came and towed her car with his company tow vehicle whilst I collected her and the children. The friend offered to do repair in his own time which she agreed to and he charged her over £1,000 but despite her asking for them he gave her no receipt for parts or work done. Later the car kept stalling and making a terrible noise but when the friend came and looked he claimed nothing was wrong. Eventually she went to their normal MOT garage for advice and on explaining what work had allegedly been done and the price charged, they told her they would have charged similar for same work but there was clearly either something wrong with his workmanship or the parts and she should go back to the mechanic and get him to put it right and/or replace the new parts under if they were faulty. She has done this and asked for repair and or replacement parts under warranty if parts are faulty but he is avoiding her and still denying anything wrong. Do they have any recall on his work? They paid him via bank transfer and there have text messages from the start.
    Tags: None

  • #2
    Re: What are rights over car repair

    Although he was /is a friend, and carried out the work in his own time, he is still a mechanic and so was in this instance acting as a sole trader.
    As such he has to carry out the work with reasonable care and skill (Consumer Rights Act 2015 Part1 Chap 4 Sec 49)
    Remedies available are in sec 54 - 56.

    CRA 2015 here: http://www.legislation.gov.uk/ukpga/...ntents/enacted


    tagging [MENTION=71570]R0b[/MENTION]

    Comment


    • #3
      Re: What are rights over car repair

      I don't think that he would be acting a sole trader rather this is just a simple contract between two parties. I agree with Des about the reasonable skill and care but also if the parts are faulty then they may also not be of satisfactory quality and/or fit for their intended purpose. That being said, it depends on what parts were being fitted and if it was agreed these parts were brand new, second hand or refurbished etc. did the garage indicate that the parts they would use and for the price charged that they would be brand new parts?

      If he is reluctant to admit any wrongdoing then you may want to consider sending a letter before action outlining the background briefly and the issues encountered. You should also state what remedy you want e.g. a repair or replacement - failing that the next option might be taking matters to court your daughter in law should seek to resolve it without the need for court if possible.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        Re: What are rights over car repair

        I now understand that the friend towed the car in his companies vehicle and there was no discussion about doing work privately, so she assumed that it was being done through the company he works for, it was only when she paid him and asked for invoice/receipt for her car maintenance records that he began stalling. He came back and looked at car after it started making a rattling noise but he said he couldn't hear it. She went to her local garage as she was worried driving it with the noise and they said a cover had been left off and they questioned if the work allegedly done was done properly, they said what he had charged her was what they would have charged (so no indication he did mates rates) and they advised her to go back to the chap to put it right. He is now saying if he looks at it again he will have to charge her for his labour and he has no receipts or warranty on the parts because he bought the parts trade... we are not sure what that means or how/if that affects his obligations. He asked why she needed receipts and she said she cannot afford to be out of pocket and needs them to evaluate where she stands and what steps she needs to take to get the car fixed. He has not responded. It is difficult because he was considered a friend but clearly not a good one She obviously knows its in her best interest to keep things amiable until resolved but will have no problem taking any steps needed - can anyone advise what her next steps should be please?

        Comment


        • #5
          Re: What are rights over car repair

          I now understand that the friend towed the car in his companies vehicle and there was no discussion about doing work privately, so she assumed that it was being done through the company he works for, it was only when she paid him and asked for invoice/receipt for her car maintenance records that he began stalling.
          Well, based on the above if your daughter assumed that it was the company that he worked for was carrying out the work then she may have an argument that the friend was acting as an agent of the company at the time this agreement was made, and so the agreement would be between her and the company itself. She needs to be absolutely clear about what was said because it makes the difference as to who she is claiming against if she issued court proceedings.

          I'm not sure how he can say that there was no reciepts, even if parts were bought at trade surely there would have been an invoice or a receipt for payment of some sort. It doesn't affect his obligations (or the company's if you go down that route).

          My view would be that if nothing was agreed about doing work privately then she needs to put the company on notice about this, explaining the background and that the friend works for the company, agreed to tow it away and carry out the repairs. There was no indication that it was being done privately and the amount paid for was verified by another local garage saying that is what they would have charged for parts and labour. Taking all of that into account, you consider that the friend was acting as an agent of the company when entering into this agreement and for that reason, the company is responsible for any repairs.

          In the meantime your daughter in law needs to decide her next steps and whether she does want to pursue the matter to court. She will need to do some evidence gathering in preparation of that but it may also be useful for the local garage to put in writing that the parts and labour you described would have been around the amount they would have charged had they carried out the work (this might help her if claiming against the company). Were you present when the friend collected the car in the company vehicle? If so, you might want to consider being a witness to your daughter in law's claim confirming that the car was collected in the company vehicle.

          Subject to what the company says and to maximise her chances of getting a result, she should be looking at claiming against the company and the friend. The argument would be that the company is ultimately liable as the friend suggested the work will be done but did not state privately and having collected the car using the company vehicle and charging the amount which would be charged normally, this would indicate the friend was acting on behalf of the company. The alternative argument if that fails would be that the contract lies with the friend and he is personally responsible.

          Moving forward, it would be wise to keep all future correspondence in writing to both the friend and the company. If you'd like any one of us to look over any correspondence she writes either to the friend or company, post up a draft and we will add our comments.

          I've tagged [MENTION=39710]des8[/MENTION] in case I've missed something or he might want to add to it.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Re: What are rights over car repair

            Like [MENTION=71570]R0b[/MENTION] I'm bemused by the lack of receipts.
            If you buy parts from a motor factor you invariably get sheets of print out.
            So did he :
            i) actually replace the parts or just clean up existing parts?
            ii)take parts out of garage stock?
            iii) buy new parts?
            iv) obtain parts from breakers yard?

            Any idea what parts were involved?

            Regarding the employers liability for acts of this erstwhile friend, I would just comment that employers are liable for their employees acts "in the course of employment" That phrase refers to acts either authorised by the employer or so closely related to an authorised act that an employer should be held responsible.
            In this case the repairs are so closely related I would agree with [MENTION=71570]R0b[/MENTION] that the employer is held to be liable

            Comment


            • #7
              Re: What are rights over car repair

              I Expect he did this without the knowledge of his employer it happens all the time

              Comment


              • #8
                Re: What are rights over car repair

                Thankyou R0b & des8 I will get together with her and discuss the options

                Comment

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