"Sorry, we can't give your car back, it's not drivable."

"Sorry, we can't give your car back, it's not drivable."

Author
Discussion

sebhaque

Original Poster:

6,497 posts

188 months

Saturday 29th January 2011
quotequote all
I have recently given my Corsa to my mum as she's fallen on some rough ground. She's had to sell her car, and she has some age-related health issues. In addition, their Internet has gone down, and as I'm at home for the time being I have to use my phone to write this.

As I was giving the Corsa to her, we agreed that the car should be fixed. The handbrake wasn't as strong as it should have been, so she took it to the garage I bought it from to get it fixed. I also bought a (transferable) warranty with the car so the first step was to check if the handbrake was under warranty.

The car went in yesterday morning. We were told to expect a call later that day to discuss whether the car was under warranty or not. The call came, and the garage said the warranty company was shut and they needed to hang on to the car until monday at least. We asked if we could have the car back as mum needed it to get to work, and we were told that the car is "undrivable" and she had driven it there "at her own peril". They would have to keep it there. We asked about a courtesy car, which they refused.

My question is; is this to be expected of a dealer? We haven't agreed for any works to be carried out yet, but they're refusing to release the car or supply an alternative means of transport. I only bought the car from them at the end of July last year, so in 5/6 months a car can't be expected to be classed undrivable by the garage who sold it, can it?

I'd like to go down to the garage today to have a chat with them - however I'd like to know where I stand right now. Without a car my mum's got a massive inconvenience going to work, not to mention delivering my sister to/from school. Am I being too expectant of the garage, or can I pop in later and politely inform someone senior that this isn't supposed to be going on?

Car is a 52-reg 1.2 Corsa (yes, I know). Bought it at 60k miles, it's on 66-67k now.

TIA for any advice.

plg

4,106 posts

217 months

Saturday 29th January 2011
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Legally, I understand that they can recommend that you don't drive it, but not refuse to release - they don't have any powers.

Badgerboy

1,790 posts

199 months

Saturday 29th January 2011
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It's your car, they have no right to retain it in this manner. Turn up with the keys and and demand it back. They are not VOSA, they cannot act as such. (Although there are a worrying amount who think they can)

Haighermeister

31,633 posts

167 months

Saturday 29th January 2011
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Have they taken it to pieces pending new parts? If so you can understand why it would be 'undriveable'

edo

16,699 posts

272 months

Saturday 29th January 2011
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Horsest, they cant do that.

hornetrider

63,161 posts

212 months

Saturday 29th January 2011
quotequote all
They've borrowed it for the weekend.

Globs

13,847 posts

238 months

Saturday 29th January 2011
quotequote all
hornetrider said:
They've borrowed it for the weekend.
Probably in Cornwall until Monday.

SubaruSteve

546 posts

198 months

Saturday 29th January 2011
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There is conflicting information about this. Trading standards have been telling us (workshops) that we should not let unroadworthy cars leave our premises and if we do the world will explode and everyone will die.

Obviously this is not very appealing to the customer who wants his car back. This has been discussed here before in relation to cars which fail their MOT.

It is tricky in the claim driven society we live in. The scenario the garages are trying to avoid is letting the customer have their car back only for the customer to mow down 15 children waiting for a bus and then the garage being blamed since they knew the car had defective brakes when they gave it back to the customer.

I don't know the solution, only the problem.

edo

16,699 posts

272 months

Saturday 29th January 2011
quotequote all
Simple.

Just get the customer to sign a simple waiver saying they understand the faults with the car, and that they are not taking the advice of the garage which is to not drive it.

SubaruSteve

546 posts

198 months

Saturday 29th January 2011
quotequote all
edo said:
Simple.

Just get the customer to sign a simple waiver saying they understand the faults with the car, and that they are not taking the advice of the garage which is to not drive it.
Apparently this is not good enough because the customer is thick (normal person) and the garage is clever (expert smile ). (trading standards opinion not mine...obviously)

edo

16,699 posts

272 months

Saturday 29th January 2011
quotequote all
SubaruSteve said:
Apparently this is not good enough because the customer is thick (normal person) and the garage is clever (expert smile ). (trading standards opinion not mine...obviously)
Sigh, the world has lost all common sense and responsibility!

cambiker71

444 posts

193 months

Saturday 29th January 2011
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Have had this problem before, we get the customer to sign the jobcard mentioning all the faults, that the car is in an unroadworthy condition and should not be driven on the public highway before repairs have been made.

plfrench

2,896 posts

275 months

Saturday 29th January 2011
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edo said:
Sigh, the world has lost all common sense and responsibility!
Surely though if the car is genuinely unsafe to drive, the garage are being responsible by stopping the driver who is obviously unaware of the unsafeness from driving it. If the driver was aware of the degree of unsafeness then they wouldn't want to be driving it anyway.

edo

16,699 posts

272 months

Saturday 29th January 2011
quotequote all
plfrench said:
Surely though if the car is genuinely unsafe to drive, the garage are being responsible by stopping the driver who is obviously unaware of the unsafeness from driving it. If the driver was aware of the degree of unsafeness then they wouldn't want to be driving it anyway.
Agreed, but just to be clear - the OP's car has an issue where the handbrake isnt working as well as it could be.......

plfrench

2,896 posts

275 months

Saturday 29th January 2011
quotequote all
Could it be that the handbrake isn't working because of something more serious though, such as some rear suspension component rusting through, causing the assembly to move and providing slack in the handbrake cable hence the reason why it's not working too effectively? We don't have enough detail.

Could you get VOSA to offer an independant inspection in a case of this type as a regulatory authority? If so, I would have thought a garage should be cautious of offering this sort of guidance unless correct through fear of licensing repercussions.

andy43

10,548 posts

261 months

Saturday 29th January 2011
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I'm guessing it's blame'n'claim culture, rather than it being in pieces waiting on brake parts - although that's possible. Or could be waiting engineers inspection for the warranty claim. Or car in Cornwall as above.
Who knows? Only the garage...

rottie102

4,004 posts

191 months

Saturday 29th January 2011
quotequote all
andy43 said:
I'm guessing it's blame'n'claim culture, rather than it being in pieces waiting on brake parts - although that's possible. Or could be waiting engineers inspection for the warranty claim. Or car in Cornwall as above.
Who knows? Only the garage...

MGJohn

10,203 posts

190 months

Saturday 29th January 2011
quotequote all
hornetrider said:
They've borrowed it for the weekend.
My immediate thoughts.

I'm very unlikely to ever be in this OP's situation. I'm so very glad I learned to pick up a spanner many moons ago and fix my cars myself. Saved countless ££££s since then and safe knowing the job has not only been done, but, done well which is never guaranteed in even the best run pro-workshops.
..

Gwagon111

4,422 posts

168 months

Saturday 29th January 2011
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They've probably gone for a 5 second fix, broken something important, and haven't got the part they need. It's not unheard of.

peeves

390 posts

170 months

Saturday 29th January 2011
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No, a garage can't hold a car. Phone the police!