Legal Advice Sought - herbert_goon
Hi group.


My motive for posting is this: I have to assume I am going to have a battle with a customer service dept and don't want to end up looking very silly.

I will keep it as brief as I can.

3 weeks ago the brakes on my car partially failed (whilst stationary thank goodness). Not being a mechanic of any sort I called out a well established breakdown company and they very kindly put my car on a flatbed truck and drove it to the local branch of a national brake and tyre place. Then staff were friendly and carried out a standard free brake inspection. The next day I was informed a brake hose needed replacing - I asked for a quote and was told the manager would contact me on the Monday. Monday came and I was informed the job couldn't be done in isolation and £570 of work was needed (i.e. change all the brakes - apparently this is a common thing with this establishment!). I said that the car would not be worth repairing in that case. The "manager" said that he knew someone who could dispose of it and he would get in touch. I wanted to do everything properly with regards to the V5 documentation. I heard nothing for a week.

10 days ago I saw my car parked in a residential street (on the highway itself). I thought this was most odd, so grabbed my spare set of keys to check it. It had been cleaned on the inside. I started it up (thinking the brakes must be fixed for it to get there). The brakes appeared to be fixed. Also the wheel alignment had apparently been corrected (it was previously quite bad). So I drove it back home - 0.25 miles - and very sheepishly.

I phoned the establishment. I asked if there had been any progress on the removal - I expected to pay a £25 recycling fee and deal with the documentation etc. I was told they still had the car. Upon mentioning that they didn't all I heard was "umm ummm ummm". I went round to the establishment - after all they still had another key for the car, and as I am on the V5 I am legally responsible for the vehicle in terms of fines, insurance, roadworthiness etc. It was of course not there. I later received several phone calls informing me that the car was unsafe to drive as the brakes had been fixed with "a botch job but I know what I am doing" - apparently half the braking system had been shut off with a clamp.

I phoned head office, who have put me in touch with the regional manager. I did fax them a letter stating I wanted the brakes check by an independent and they would have to pay (well, I can't really afford £195). They have said they will only pay if it shows up discrepancies.

This has now dragged on and on and I am still "sans voiture" - which is becoming painful.

Would you crack open your credit card and take the risk or would you push for them paying and I will reimburse...

...or am I just nuts?

I realise we made a verbal contract to dispose of the vehicle, but this was based on, what I now believe to be shaky ground i.e. I was told it was uneconomical to repair but then all of a sudden it's on the road again. It smacks of me being conned and I wants me car back!

Thanks in advance
Legal Advice Sought - bell boy
i would ring head office again and ask them if they have heard of national and local newspapers and was the manager working on behalf of the company when he took the car off you?sounds like pecunary advantage to me.
Legal Advice Sought - defender
as you are a member of said breakdown company (are you) cant you ask them for a safety inspection on the grounds that they left you there ?even if you pay them for a brake inspection you will at least know its independent,then claim it back,sounds like scam of the week.
Legal Advice Sought - Dynamic Dave
I moved this one across from Technical Matters last night in the hope that someone who doesn't venture there much would be able to help on this side of the forum instead. Just pushing it back up the list in case anyone can help.

DD.
Legal Advice Sought - The Lawman
I don't understand this at all. You left your car with the garage. Some days later you saw it on the street and drove it home. You have the car then, so why are you now saying that you want the car back?

Surely you didn't take it back to them? I mean, they seem to have told you a bunch of lies (the car is beyond economic repair)when it now seems that it is not.

If you have the car, you are now no worse off than when you started. Take it to another garage and get another free brake check