my mechanic admitted lying to me...to my face

[bluebottle]

Re: my mechanic admitted lying to me...to my face

:focus:Well done BB! - and please include the "sensible" first bit of my post. It is my firm belief that it is better to settle things amicably if at all possible (eg everyone leaves the party with a balloon as they say over the pond)

This is what the Civil Procedures Rules are all about, settling a matter without going to court. With the Supply of Goods & Services Act 1982, you have to serve a written notice on the trader/supplier of good/services before you can proceed on a more formal footing. It is likely TS will ask if this has been done. Please also remember that CAB consumer advisers are not legally-trained.

[PlanB]

Re: my mechanic admitted lying to me...to my face

The offence you are intimating is Fraud by False Misrepresentation (Section 2, Fraud Act 2006). Whilst your case appears to suggest that this offence has been committed by the mechanic, it is, to all intents and purposes, a matter for Trading Standards to investigate and, then, if they find evidence of fraud, they will call in the police to deal with that aspect.

I agree that Trading Standards is your next step and they can prosecute if appropriate (for a criminal offence). Although that won't get you back the money you've already thrown at this garage (a civil matter), it will get the guy to focus and see you mean business :grin: Maybe tell him that you will be referring your complaint to Trading Standards at the end of that letter you plan to send.

After that I think you need evidence of exactly what is wrong with the car now and what it will take to put it right and how much that will cost. A part of me wonders whether you even needed a new engine in the first place.

[domcarlin]

Re: my mechanic admitted lying to me...to my face

Sadly...whether i needed a new engine or not, cannot now possibly be proven, however i too have thought a lot about that over the past 4-5 months. As they say...we shall never know.

With regard to informing him i am referring the matter to trading standards...couldn't that make him go either way? Face up to his mistake and the fact that i am very serious OR dig his heels in and make thinks very difficult. If he does the later, i would have absolutely no qualms about taking this as far as it needs to go in order to get a FAIR outcome...that includes going to court.

[Inca]

Re: my mechanic admitted lying to me...to my face

I never get problems with cars etc,,,,Rob reckons it's my sparkling wit and personality (Actually,it's me that thinks that,,my family say it's my violent vicious temperment)

[MissFM]

Re: my mechanic admitted lying to me...to my face

thanks for everyone's advice...more please!!!. This is most informative and is helping me to believe that i am correct in thinking he has "done something wrong". As for the potential criminal side of things...i agree...i'll let trading standards look into that. Its too complicated for me to know one way or the other. If its ok here is the letter i am going to write to the mechanic. Do you all think its appropriate? Cheers again.

Dear Mr Blah Blah Blah (<---fake name)


Following our conversation on the morning of 05/01/2013 in which you openly admitted lying to me about work which you said was carried out on my car by Chrysler of Preston, but which in fact wasn’t, I have sought advice on how best to proceed.

When you carried out repair work on my car in August/September of last year you entered into a contract with me. Within days of receiving the car back from yourself the engine warning light came on for the first of many times. You have had the car on numerous occasions between September 2012 and January 2013 and on each occasion you have failed to fix the problem. I have been more than reasonable in giving you numerous opportunities to fix the problem. After the final repair attempt in January you openly admitted lying to me about work you said had been done on the car. As a result of this I have lost all trust in you and faith in your ability to fix my car. I believe you are in breach of contract.

As a result I believe I am legally entitled to claim compensation for any loss or damage arising from this breach, which usually means the cost of getting the car repaired, and this is what I intend to do. As you yourself have shown over the past 4-5 months the car needs diagnostic and exploratory work to be carried out in order to find the cause of the problem. As a result I believe it is not reasonable nor feasible to take the car to different garages to obtain quotes for the work. Please inform me if you disagree.

I intend to take the car to Chrysler of Preston (Riversway Motor Park, Admirals Way, Preston, Lancashire, PR2 2TY) for the repair work to be done. I am aware that I am under a legal duty to keep my claim as a small as is reasonably possible. As a result I invite you to forward to me the details of any work you say you have already carried out on the car. I will then be in a position to pass this information to the Chrysler mechanic which may expedite his work and thus reduce the final bill.
Once the repair work has been carried out (successful or not) I will settle the bill with Chrysler.

If after a reasonable period of time I consider the repair work a success I shall seek full recompense from you for the full bill from Chrysler including any expenses I may incur in getting the repair carried out. Failure on your part to fully recompense me for this will lead me to seeking further legal advice.

If the repair is unsuccessful, or the car is considered irreparable by Chrysler, or if they raise any concerns over the parts you have installed in terms of their quality or your workmanship, I will discuss this with you further. Please bear in mind I will hold you fully liable for the repair bill from Chrysler in the event of an unsuccessful repair.

As is reasonable for a garage of your size I will expect to hear from you within 10 days.

I look forward to hearing from you.

non-legal opinion = brilliant letter, very well written, spells it out!

You need a proper opinion on whether it's enforceable (will shortly , no doubt, be forthcoming on this site!).

IMHO, elegant and cathartic though your letter is, you would be better off getting your dosh back from him now - the more time passes, the less likely it is that you will see actual financial redress from him unless you go to court.

:croc:

[PlanB]

Re: my mechanic admitted lying to me...to my face

Sadly...whether i needed a new engine or not, cannot now possibly be proven, however i too have thought a lot about that over the past 4-5 months. As they say...we shall never know.

With regard to informing him i am referring the matter to trading standards...couldn't that make him go either way? Face up to his mistake and the fact that i am very serious OR dig his heels in and make thinks very difficult. If he does the later, i would have absolutely no qualms about taking this as far as it needs to go in order to get a FAIR outcome...that includes going to court.

I'm no psychologist but I'm guessing he'll go both ways when he gets your letter. He'll be angry and defensive at first, and then when he's calmed down he'll see sense. You must keep this exchange in writing and off the phone. You need a paper trail if you're thinking of taking him to court.

Can you add some facts into that letter such as the amounts you've already paid and the dates (a diary) of the times you've taken the car back and what happened each visit.

If it was me I'd be upfront about exactly how much money you are wanting him to refund, why you think he should refund it, and when you want it refunded by (e.g by 4 pm on Friday XXth January). This could then be considered a Letter of Claim under CPR rules as BB has said.

On a lighter note I have some sympathy for car mechanics expected to diagnose what's wrong with a vehicle. It's not unlike taking my dalmation to the vet. Neither 'patient' can articulate what symptons they're suffering, yet the professionals are expected to find the cure :noidea:

[domcarlin]

Re: my mechanic admitted lying to me...to my face

MissFM i'm sorry that my letter has caused you to suffer a sudden bowel evacuation. Hopefully though the same will happen to my mechanic...

The problem with asking for a refund is this. I've paid him a total of £1360 since August. If he has irreparably damaged my car, it will, in effect, have cost me approximately £8000-£9000 (i.e the value of my now worthless car...would you buy a car which had its engine warning light on?) + the money i've paid him. Accepting his refund of £1360 (thus negating the money i've paid him) would potentially leave me £8000-£9000 out of pocket. For me, its not an option.

[MissFM]

Re: my mechanic admitted lying to me...to my face

Can he afford to pay you the full value of the car?

[MissFM]

Re: my mechanic admitted lying to me...to my face

What I am getting at (to state the obvious) is that even if you take him to court, get a CCJ against him, getting it and enforcing it are two different issues as any solicitor worth his salt will tell you...

[MissFM]

Re: my mechanic admitted lying to me...to my face

MissFM i'm sorry that my letter has caused you to suffer a sudden bowel evacuation. Hopefully though the same will happen to my mechanic...

The problem with asking for a refund is this. I've paid him a total of £1360 since August. If he has irreparably damaged my car, it will, in effect, have cost me approximately £8000-£9000 (i.e the value of my now worthless car...would you buy a car which had its engine warning light on?) + the money i've paid him. Accepting his refund of £1360 (thus negating the money i've paid him) would potentially leave me £8000-£9000 out of pocket. For me, its not an option.

What made you think that ??? bowel evacuation?? (Curiosity mind you)

[domcarlin]

Re: my mechanic admitted lying to me...to my face

I believe he has indemnity insurance to cover his work. (I found this out from reviewing another court case he has been involved in). If the repair bills got out of hand i assume he would get them involved. Only guessing on this though.

P.S...

ca·thar·tic(k-thärtk)adj.Inducing catharsis; purgative.

n.An agent for purging the bowels, especially a laxative.

[MissFM]

Re: my mechanic admitted lying to me...to my face

sorry - slow on the uptake there - you mean catharsis - errmmm ....:nono:

[MissFM]

Re: my mechanic admitted lying to me...to my face

heh heh greek tagedy meaning:lever:you did that deliberately!

[PlanB]

Re: my mechanic admitted lying to me...to my face

The problem with asking for a refund is this. I've paid him a total of £1360 since August. If he has irreparably damaged my car, it will, in effect, have cost me approximately £8000-£9000 (i.e the value of my now worthless car...would you buy a car which had its engine warning light on?) + the money i've paid him. Accepting his refund of £1360 (thus negating the money i've paid him) would potentially leave me £8000-£9000 out of pocket. For me, its not an option.

Ok this is the crux of the matter. You need to establish whether he has or has not irreparably damaged your car and what it will cost to put things right. You say you've booked it into a recognised dealership to get the bottom line on the work needed to remedy the situation. Send your letter as planned. Head it "Without Prejudice Save as to Costs" since asking him for a refund to settle this matter is tantamount to makimg him an offer which may be relevant if you proceed to court.

[domcarlin]

Re: my mechanic admitted lying to me...to my face

Thanks PlanB...have added that to the letter.