Legal(ish) question re: Main Dealer Servicing

Legal(ish) question re: Main Dealer Servicing

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kinky

Original Poster:

39,779 posts

275 months

Thursday 14th March 2002
quotequote all
A few weeks I handed a Mondeo into a Ford main dealer for an MOT and full service.

I called them at lunchtime to find out how it was going - "the guys at lunch - he'll call you back after lunch" - never called.

I called again after lunch - "he's out on a run, and will call you back".

I called again @ 4:00pm - "yup - we'll call you back in a minute". They never did.

So I arrive there @ 5:30. They tell me it's failed the MOT (requires circa £600-£800 work) and we've not managed to service it because we're a mechanic down as one gashed his hand this morning.

I asked for a written report of work needed to pass MOT . I was told "we can't do that now - the computers are switched off - but I'll drop it down to you tomorrow, and you'll need to book the car back in for it's service". I agreed that I'd pay for the MOT when the paper work came through.

Needless to say no paperwork ever arrived the next day.

And now, 3+ weeks after the event on Monday I get a call from them saying that I need to book the car back in for it's service, and they've got the paperwork and the bill for the MOT. I ask how much - he does not know. "I'll call you back" Needless to say he never did.

Now, yesterday I get a bill in the post from them - for the MOT AND the FULL SERVICE - totalling £257.

So, as far I'm concerned it's failed it's MOT - and I'll happily pay for that. But I was told by them on the day that it was not serviced, and they called me again on Monday to book it in for it's service.

Anyone know where I stand on this? The car has since moved on - and been fully serviced & MOT'd elsewhere.

Many thanks in advance,

K

PetrolTed

34,443 posts

309 months

Thursday 14th March 2002
quotequote all
Send them a cheque for the MOT only with a covering letter. You got the car back so they haven't got much leverage over you.

Jason F

1,183 posts

290 months

Thursday 14th March 2002
quotequote all
quote:

Send them a cheque for the MOT only with a covering letter. You got the car back so they haven't got much leverage over you.



I would say that sounds about right. You don't have any contract for repairs with them as you never ASKED them to do the repairs, merely to ID what repairs needed to be done. Unless when you signed in for the MOT they have a 'we can do any repairs we like' clause.

I'm not a solicitor though so perhaps one of them will back this up

gb61390

1,879 posts

288 months

Thursday 14th March 2002
quotequote all
Some garages will charge you for labour just for looking!

Zoomer

35,829 posts

277 months

Thursday 14th March 2002
quotequote all
Hello mate. I'm a barrister (and full time car nut) so here goes with a quick bit ogf legal advice, and miraculously I won't charge you (is it Xmas?)

If a garage has your car then they can hold it 'til you pay. As you have your motor, suggest you pay for the MOT as they appear to have done it. Send them a letter and explaining that you were told the car had not been serviced. They can whistle for that portion of the cash. Cheeky Bstards.

With a bit of luck the debt will be too small to waste time claiming off you anyway.

Good luck.

Z

kinky

Original Poster:

39,779 posts

275 months

Thursday 14th March 2002
quotequote all
Cheers Z - sounds like a plan to me.

As an aside - I've got the bill here, and it states (excluding MOT which I have no issue with):

Service - £90.55
Brake Fluid - £28.80
[Total Labour Charge - £119.35]

Parts - £50.40
Oils - £17.34

Not bad for something they apparantly never did !

>> Edited by kinky on Thursday 14th March 12:37

M@H

11,297 posts

278 months

Thursday 14th March 2002
quotequote all
So whats the difference between the "service" cost and the "labour" cost then... surely thats the same thing twice...??

Cheers
Matt.

kinky

Original Poster:

39,779 posts

275 months

Thursday 14th March 2002
quotequote all
Sorry Matt - yeah - I should have split it (which I've done now).

DOH - it's just dawned on me ..... There's no MOT failure report (VT30), listing exactly what failed and why which they MUST give to me.

Does this suggest that they did not do the MOT part of it either?

Bugger it - I'm going to write to them telling them they can sing for the lot of it

>> Edited by kinky on Thursday 14th March 13:34

Zoomer

35,829 posts

277 months

Thursday 14th March 2002
quotequote all
Yep. If they're obliged to hand over the failure report they can whistle for the lot.

If you get any aggro then post and I'll get in touch and draft you what we refer to in my business as an "exocet" letter.

Z

.mark

11,104 posts

282 months

Thursday 14th March 2002
quotequote all
Zoomer,
Cheeky I know, but would you mind mailing me off-list?

kinky

Original Poster:

39,779 posts

275 months

Thursday 14th March 2002
quotequote all
Cheers for that Zoomer.

I'll write (with assistance) a top notch first letter, with the express intention of closing it there and then.

If worst comes to worst I'll come calling.

Thank you.

As a member of the AA I called their Legal helpline who were most helpful - saying pretty much what's been said above - suggesting I write to them outline the complete situation, and enclose a cheque for the MOT costs in full and final settlement.

What's interesting is that the garage would have to prove they did the service !

Whatever the outcome - I'll post here for future reference (including any subtle legal arguments/points).

>> Edited by kinky on Thursday 14th March 16:44