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Garage A; Garage B & the AA - I've come off worse - please help!!

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  • Garage A; Garage B & the AA - I've come off worse - please help!!

    Hi folks, long time lurker first time poster. Sorry its a long story.......


    I buy a 2nd hand car (just over 3 yrs old so out of warranty) from Garage A, which is about 20 miles from my house). Garage A provides an insurance backed warranty for 12 months provided by the AA.

    7weeks later I'm driving home from work (just before christmas) and it starts playing up, I'm passing by a local place, Garage B and decide to stop in and ask for a quick once over. Mechanic comes out to look at the car and it wont start. Mechanic asks me to leave it there and they'll inspect it the following day, it wont start so leaving it there seems the easiest option...

    Mechanic calls a day or 2 later and says they have problems diagnosing the car as the main engine control unit is blocked, he's tried several different tests on the engine and it doesnt appear to be anything mechanical. He thinks ECU faulty and is sending it away for inspection and repair. He offers me use of a 'courtesy car' after christmas holdidays which i accept.

    Post Christmas holidays mechanic rings to say ECU tested not repairable, needs replaced. I ask him to clear the work with the AA. He comes back to say the majority of work is cleared and the part is being ordered. There may be a shortfall on his costs of about £100 from what the AA agree to pay, I reluctantly agree as i really need the car back on the road.

    A week later part arrives and fitted, needs to go to main dealer to be programmed. Another week later car has been to main dealer and still wont start, main dealer says problem is with fuel pump. Mechanic says AA not likely to cover it. Cost is c.£2k

    Now its getting complicated so I calls garage A and ask if they can help given they sold the car such a short time ago. They offer to recover the car, give a second opinion and carry out the repairs.

    Garage B not happy that Garage A is coming to collect the car and demand their costs paid before they release it. I pay their costs (£1k) and ask for details of all work done in return for release of car. £900 of the costs have an AA approval claim reference number for me to claim the cash back.

    Car back at garage A and they send fuel pump off for inspection. Confirmed faulty by the manufacturer and cost to recondition given to garage (£950). Garage A's verbal opinion is that it would be very unlikely that both ECU and pump were at fault at same time.

    Garage A notify AA that they need to recondition fuel pump and seek approval to claim cost.

    AA contact me and tell me the claim approval for the original ECU has been rescinded, as its approval was coniditonal on this being the problem that was preventing the car from starting. I query how they can rescind a claim, ie they should have satisfied themselves of the problem before giving approval.

    Garage B have still failed to provide backup evidence to their invoice so i start to pursue it myself. Garage B adamant that both faults existed in the vehicle but it would have been impossible for them to diagnose the pump problem when the ecu was shut down.

    Eventually i get my hands on a report by the company that Garage B had test the ECU. Report says the type of unit is one they cannot fully test, but their inspection suggests "it is not a complete non runner"

    My non mechanical reading of that is that the ECU was not acutally to blame all along, and this is supported by the opinion of mech in Garage A.

    Garage B claim that they are still right to have replaced ECU and that my beef should be with AA. I state that want my money back and whether it comes from Garage B or AA I dont really mind. I state that the written evidence suggests he was wrong to do work and it is up to him to clear his name. He states he has a clear name and if I start 'mudslinging' he wont assist me getting money from AA, also if I attempt to claim from him he will bill me for a months hire car (11 yr old beaten up 1.0L hatchback courtesy car). I offer to give him the opportunity to convince AA he was right, and suggest that he attempts to recover the old ECU in order to do so. He thinks old ECU has gone back to car manufacturer and if it was recoverable the cost would be £200 (equivalent to exchange discount). He isnt willing to pay for that. I havent volunteered the ECU test report to the AA yet.


    So that is where the story rests. Anyone care to voice their opinion as to who I ought to pursue:

    Garage A for selling goods not fit for purpose? Although I know that their recourse is to fix the goods which wasnt offered to them by virtue of my car stopping in Garage Bs permises.

    Garage B for carrying work not required?

    AA for giving approval for the work and then rescinding?


    Once again, sorry its been so long

  • #2
    Re: Garage A; Garage B & the AA - I've come off worse - please help!!

    Pursue Garage A for selling you a car that was unfit for purpose. Of course, you have muddied the water by allowing another garage to carry out work on the car, but this does not alter the facts.

    Garage B must either prove that the work they carried out was necessary, or reimburse you, failing which you should issue a claim against them for your costs.

    Comment


    • #3
      Re: Garage A; Garage B & the AA - I've come off worse - please help!!

      Thanks Cetelco, What should i be looking to get out of garage A by way of compensation? They are alreayd fixing my car at no (further) cost and have given me the use of ae equivalent car in the interim. I must admit I dont really want the car after all this, so should i be looking to get them to provide me with purchase price of car plus garage B's bill as a trade in? I'm sur etheir markups are such that they'll not lose money on the trade in even at that.

      Garage B doesnt quite understand the concept of needing to prove his work. He's done it and been paid. I've been trying to get the AA to send an engineer to visit him to inspect his testing records, in the hope that if they find his work was valid then AA pays or I garage A pays, and if it is proven the work was unnecessary then that gives me more ammunition to launch a small claim.

      Comment


      • #4
        Re: Garage A; Garage B & the AA - I've come off worse - please help!!

        You are not entitled to double recovery and should not be looking at this episode as a way of making a profit. It is unfortunate but in law, you are only entitled to be placed in the position you were in had the faults not arisen on your car. That is to say, you should not be enriched because a fuel pump and/or an ECU failed.

        If your costs are covered, for example, the excess you paid on the AA policy and a modest sum for your trouble, you should consider the matter closed.

        Comment


        • #5
          Re: Garage A; Garage B & the AA - I've come off worse - please help!!

          thanks again Cetelco. I'm not trying to gain double compensation, the garage (A) has already offered to accept I'm not happy with the car and trade it in for another of theirs allowing me full purchase price. I feel the easiest way out of this lot is to negotiate them down on the replacement car by an amount similar to the outgoings i have incurred.

          However I believe there is a huge injustice being done by either Garage B or the AA, which they will be allowed to get away with if I go down the above route. Why should I care if I'm fairly compensated by garage a? because I feel for their future customers!

          Comment


          • #6
            Re: Garage A; Garage B & the AA - I've come off worse - please help!!

            Well in the unlikliest of circumstances, the AA hav backed down and agreed to pay both bills. A couple of emails to the claims manager mentioning the Ombudsman and small claims court have done the trick.

            Thanks to Cetelco for responses!

            Comment


            • #7
              Re: Garage A; Garage B & the AA - I've come off worse - please help!!

              Good news, well done.

              Comment

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