I hope someone can give me some sound advice.
The differential in an Audi 80 I recently purchased has needed rebuilding - apparently this is not an uncommon problem. I removed the gearbox/differential unit myself and gave it to a local rebuilder who assured me he would replace the diff bearings, crownwheel and pinion with genuine new Audi parts. We agreed a price which included overhauling the auto transmission (which was relatively cheap compared to the differential parts).
The rebuilder seemed to have considerable trouble acquiring the necessary parts. After considerable delay, the unit was ready for collection. I took it home, and looked inside with a torch. It was immediately apparent from the wear marks on the crownwheel that the parts inside were not brand new.
Livid, I returned to the rebuilder's premises. His mechanic agreed that they were not new, and refunded my money, but insisted I leave the box with him, which I did.
Later on the phone, the rebuilder spun me some story about how the parts were 'as good as new', because they came from a car a friend in the trade had repaired but the cheque had bounced, so they had only had 4 days use. As he's lied before, I simply don't believe him.
I have spoken to a specialist HJ recommends on this site, and would glady put it in his hands to ensure a proper job. But the rebuilder will not release the gearbox without substantial payment for the work he says he has done.
What rights do I have against the rebuilder?
Regards
Albert Reynolds
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In the end small claims court ,but how to redeem your diff is a poser ,I wld first try a bit of diplomacy if this does not work I think the citizen advice bureau ,Or get a signed paper to say if the diff fails within the next 10000mls or so he will replace it free of charge.Let us know how you get on.
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its your gearbox/diff, if you know where it is you can use minimum force to get it back, and if that mean a dozen large mates then so be it...
as regards money, let him sue, he wont win, keep as much evidence/photos/witnesses as possible
if you are out of pocket, issue a smalls claims summons and go through with it, the judge will almost cetainly find in your favour
possible case of extortion from the dealer here, if you want present it as such to the police, and have him nicked for extortion... maybe best to get a solicitor to present it as such and make a formal complaint to the police along those lines...
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The rebuilder has a legal right of lien to keep the gearbox until a satisfactory settlement has been reached. If Albert breaks into the gearbox specialisets premises to retrieve it, the law will treat him almost as harshly as a speeding motorist.
HJ
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i disagree
contract (maybe only verbal contract) seems to have been for refurb of gearbox and diff, and part of that contract was that new parts were to be used in diff
new parts were not used in diff, therefore garage is in breach of contract...
one party being in breach of contract gives the other part wide ranging ability to disregard all other terms of contract, such as paying
if you carnt get the gearbox back, sue for its value
if you can prove what you've said here (maybe witness to conversation is available?) then you have very good chance of winning...
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> new parts were not used in diff, therefore garage is in
> breach of contract...
Possibly so.
> one party being in breach of contract gives the other part
> wide ranging ability to disregard all other terms of
> contract, such as paying
Not true.
> if you carnt get the gearbox back, sue for its value
This you can do.
However, only a court can take the gearbox away from the repairer and return it to you against the will of the repairer.
Even the police cannot do this. If you try, then you will break the law and will be treated quite harshly.
Of course you can go to the small claims court, with a reasonable chance of winning. However it will take time. You could also threaten him into returning it, but I doubt your chances.
On the other hand, as someone, maybe Andy, said - you could get a written guarantee for a period of time/number of miles. However, if something did go wrong, he doesn't sound like the sort of person who would deliver on the guarantee.
I'd go with visiting the repairer with your solicitor first. Get sat down with him and get him to go through the whole story with you while your solicitor takes notes.
Let your solicitor negotiate. Even if this fails your solicitor will be able to set out exactly what you could do with the differing chances of success.
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