Garage misdiagnosed the fault....who pays!

[Aspley]

Would welcome some advice/opinions on this.
...early April phoned garage re engine management light and low power on my VW Transporter van. Told approx £600 for new head gasket
...late April took car in and quote had increased to £1300
...two and half months later garage called, engine in bits said it would now cost £2800 and that would be it.
...6weeks later they called to say job done but thought power might be low....what did I think
...drove van around the block. It was no better than when I took it in and engine mgmt light still on
...now told it was the turbo charger. Another £800 to get it fixed
...told them I wanted the faulty exhaust sensor that was causing the engine mgmt light to be on. Was told that was not the problem.
...I insisted so sensor changed and full power restored.
So, the issue is of a completely incorrect diagnosis of the problem by the garage. I had to pay to get the van back.

Any thoughts on how I can legally progress this. The lower power was in fact the engine management system going into what is called ‘limp mode’

thanks

[Aspley]

Hi Guys, just bumping this post.......desperately in need of some advice

[Aspley]

Hi guys, maybe I started this thread in the wrong place as I have had no response and would have thought that issues with mechanical car repairs were quite common.
Perhaps someone could point me towards a sample document that shows the best way/format with which to present a case to the courts.
any help will be great.y appreciated.
cheers

[des8]

Apologies for missing your posts.

So how much did you pay in the end?
How long did the garage have the vehicle before finally getting it repaired?
Have you complained in writing to the garage?
Other than your say so, do you have any supporting evidence for the garage's incompetence?

Any legal proceedings you initiate should be on the basis of breach of contract.
Your statutory rights are set out in the Consumer Rights Act 2015 (CRA2015) Chapter 4 (http://www.legislation.gov.uk/ukpga/...pter/4/enacted) which I recommend you read.

Your first step is to write to the garage, setting out your complaint and what you require them to do to correct the matter.
Send the letter first class (get a free certificate of posting from post Office - not signed for) and give them 14 days in which to reply.

[Aspley]

Hi Des, thanks for your interest.

To date I have paid £3,500. That escalated from an initial quote of £600 as they tried more and more things to correct the fault. The vehicle was first taken to the garage in April. The repairs have, unbelievably, been ongoing for nearly six months despite my constant chasing to get the job done. It is now with me but with the exact same faults that were present when I first took it in for repair. Those faults were an illuminated engine management warning light and a vehicle that is in limp mode.
I have sent a lengthy letter chronicling the issues. I gave them 14days to reply 28days ago.
As with 99% of garage mechanical repairs there is nothing other than an implied contract.
I have now given them a further seven days to pick the van up and produce a report on what they think the issues are. I believe I need to do that under the terms of the Consumer Rights Act.
I have been careful to point out that this report or any action they suggest will not cut across my legal action aimed to get my £3500 back.
cheers

[Aspley]

What I should add is the work they have carried out on the engine has not produced any positive results. They have clearly made one misdiagnosis after another.

[des8]

well there's nowt more to be done at the moment as you have given them further time to collect vehicle and produce report.
If they do neither, then issue a Letter before Action (or have you already done that?)

[Aspley]

I imagine the letter I sent a month or so ago can be regarded as my Letter before Action.
WhatI am a tad worried about is that by giving them an opportunity to correct the problem, which I think I have to do, I might be giving them a get out for the work they did before which I paid for but which was obviously not what was wrong with the vehicle.
there are two issues, the misdiagnosis which cost me undue expense and their failure to find what is wrong with the van.

[des8]

Did your letter warn you would initiate court proceedings?

You said you have given them a further 7 days to collect the van and then produce a report.
If you now withdraw that offer it could be considered unreasonable