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Mechanic / Garage in Small Claims Court *Help & Advice Please"

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  • Mechanic / Garage in Small Claims Court *Help & Advice Please"

    Hi Everyone

    Its difficult for me to keep reliving and telling this story but I have no choice if I am requesting your help on Legal Beagles.
    This is a long saga and I will try my best to keep it short and concise as possible. I recently returned from my first directions hearing where I felt I did not get my point across to the Judge due to my inexperience in these court matters and I seemed to have made mistakes and upset the Judge before even sitting down in the court room. I will bullet point the matters I would like your feedback on.

    July 2013
    1) I gave my car to a garage for diagnosing a problem with a non starting engine
    2) I visited the Mechanic where we made a verbal agreement I could call and visit anytime while he was working on my car
    3) After a week or so he sent me a video of the engine running with some smoking which his said was down to cylinder four and the cost to date was £680 and he recommends I let him open and fix the problem in cylinder 4 and estimated cost at £1500 total. I was happy for him to proceed as had my car up and running and a conclusion was in sight as he said the work would be over in a few weeks.

    Aug 2013
    Sep 2013 ( Constant chasing up with calls and texts and requesting a visit to see my car )

    4) I constantly stayed in touch via calls and texts trying to push him along to finish the engine.
    5) Then things started to turn! He said the engine was not good and 11 or 24 of the head studs were broken and had a leaky turbo and the engine was completely dismantled and required all parts in the engine to be replaced and it be rebuilt.
    6) I said can we not just fix the problem area's and replace the parts needing to be replaced and keep costs to a minimum But he said it needs a total full rebuild and If I dont want to proceed now come with a transit van for the dismantled components and and and trailer for the car and pay him £1600+vat for his labour and take the car away.
    7) At this point I thought what am I going to do with a car and engine in that state and being £2k+ out of pocket and in worse position then I started.
    8) I bit the bullet and said get me a list of parts needed and pushed him for weeks to get back to me
    9) He came back and said he will only use Genuine Dealership parts for the rebuild and it will be approx £7000 gbp for parts alone and £2500 for his labour
    10) I was shocked and needed time to take this in as that was a lot of money and he insisted I buy Main Dealership parts only otherwise take the car in its current state and pay him his labour.

    Oct 2013

    11) He said get the parts so he can start the work and I admit I came up with excuses not to pay him straight away as felt under pressure and stressed about the situation I was in and tried to think my way out of it.
    12) I told him I would get the parts and he can start the work But he said He has to buy the parts in for the car as then he 100% knows they are genuine and his warranty will apply.
    13) He promised me he would use my money to by parts from the Main Dealers and Keep the RECEIPTS as the parts and Receipts are mine as would add value to the car using Genuine dealership parts and his cost was only labour.
    14) I was desperate to see an end to this and paid him on the condition I could see my car and he was reluctant to let me attend and was evasive. I was foolish and made a part payment!

    Nov 2013( Constant chasing up with calls and texts and requesting a visit to see my car )
    Dec 2013 ( as above - Claimed he was to ill to work but on the mend )

    Jan 2014

    15) I was upset with the way I was being treated and requested the return of my car and money as I had seen nothing in progress and only got excuses from him but he apologised and wanted opportunity to put it right and said he would have the car ready in 2 weeks he just needed the remaining money for the parts and Desparate & Foolishly I paid again haven been given the 2 week completion date.

    Feb 2014 ( Constant chasing up with calls and texts and requesting a visit to see my car )
    March 2014 ( Constant chasing up with calls and texts and requesting a visit to see my car )

    April 2014

    16) I had finally had enough of this as 1 year had almost passed and he would refuse me access to my car by ignoring me and I did not want to create an incident or be accused of a criminal act while attending his premises to get my property back I took legal action via a solicitor.
    17) He replied to my solicitor saying he needed 10 days to finish the car and my solicitor advised me against my better judgement to allow him to finish it
    18) 8 days later I received notification that the car needed more parts as he found more parts that a visually worn out and they need replacing.
    19) I asked him to cease all work and return my money and property.

    May 2014
    20) He claimed I had breached my contract by not letting him finish the work and that I owed him money and I cannot collect my property from him and that the parts I paid for were purchased from him and he will give me a hand written receipt and not Original dealership receipts

    June 2014 Correspondence back and forth
    July 2014 Small claims proceedings started
    Aug 2014 He said he is charging storage at £10 per day but refused to return my car if I made a Payment Under Protest and not dropped legal proceedings.
    Sep 2013 He cancelled the 1st court hearing 5 day before the date as said he knew the Judge on a Personal capacity
    Oct 2014 Small claims court Directional hearing for appointing an expert witness for verify his workmanship and parts fitted.

    21) I tried to explain to the Judge that the any parts fitted and work carried out is of no value to me as I dont trust him or any implied warranty is void for me as I would never go back to him if it developed a fault. I also explained that having my engine examined at his premises and then left behind there is not fair or reasonable and should be taken to a neutral premises and inspected where both the claimant and defendant had not influence or access to but I dont think this was taken on board.
    22) Judge ordered experts to be put forward and mediation to begin but after 100's of phone calls and over 1000 text messages and 100s of emails I will come to an amicable settlement with this guy. He is manipulative and evasive and seems to be blame me after all the blind trust I put in him.

    23) I know I was foolish and their are failings on my part but I feel his failings are unjustifiable and outrageous. I now find myself stressed out and dont even want to correspond with him and cant bring myself to even read his emails he sends me, I think I need a Good Solicitor who is versed in these matters and can deal with the court and the defendant. He lied and cheated me and walked out of the court room smiling like he had the upper hand.

    So that is my Story in a Large nut shell let me know what your thoughts are " I welcome all help & guidance " I have contacted Consumer helpline, Trading Standards, Rogue traders, Dom etc to find help. This was a Dream Car that was going to come to reality of my childhood bedroom Poster but has turned in to the worse experience and nightmare!
    Last edited by P930; 17th October 2014, 16:53:PM.
    Tags: None

  • #2
    Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

    9) He came back and said he will only use Genuine Dealership parts for the rebuild and it will be approx £7000 gbp for parts alone and £2500 for his labour
    I think you need a proper mechanic - this man is a rip off merchant.

    What are you driving - a Maserati?? For a normal vehicle £7K for parts to rebuild an engine plus £2,5K is probably more than the car is worth.

    A complete engine from a reputable breaker would cost in the region of £400 to £1000 depending on make and year and to strip and rebuild would take approximately 3 days for a one man outfit.

    My husband is a mechanic and he would never dream of doing to a customer what this man has done.

    Comment


    • #3
      Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

      On re-read :

      I told him I would get the parts and he can start the work But he said He has to buy the parts in for the car as then he 100% knows they are genuine and his warranty will apply.
      13) He promised me he would use my money to by parts from the Main Dealers and Keep the RECEIPTS as the parts and Receipts are mine as would add value to the car using Genuine dealership parts and his cost was only labour.
      Dealership parts - Genuine parts for a vehicle have the make of the vehicle impressed in them as well as the part number and although they do add value to the car - this is only if the car is serviced and maintained by a main dealership, backed by the dealership guarantee.

      If he claimed to buy genuine parts from the dealership then you are entitled to see the invoices. You would also know from inspecting the car whether or not he actually fitted those parts or whether he used cheaper aftermarket parts or reclaimed parts and charged you dealership prices

      Comment


      • #4
        Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

        Hi Wylderose
        The car is a limited edition Classic Porsche and was meant to be my Dream Machine.
        This Mechanic / Garage has taken full advantage of my Trust as knew how much the car meant to me and its value.

        Comment


        • #5
          Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

          The fact is I was never purchasing parts from him or his Garage.
          The Money, Parts and Purchase Receipts where meant to be mine as He was Only charging for Labour carried out.
          I have no confidence in his word or workmanship due to his behavior. I just want my money and car back and have the corrective work completed elsewhere.

          I do not want anything to do with him or his garage ever again.

          Comment


          • #6
            Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

            OMG Maserati - I was just joking - never dreamed it was a Porsche - close...

            Did you get anywhere at all with the mediation? I can understand him wanting to be paid for the parts he has fitted and reasonable labour charges. I think the daily storage would be debatable considering the vehicle is in bits.

            Given all you have been through, you need someone who can cut you a fair deal that will get you your car back but at the same time re-imburse the guy for the parts bought and some of his labour.

            Comment


            • #7
              Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

              No mediation as of yet but I don't have high hopes of it being successful.
              The defendant has purposely mislead me and tried to cheat me out of my money. If he had been open and transparent as he promised from the start and not dragged me along for 10+ months I would not have had an issue.

              How can I accept any parts and workmanship from a Mechanic such as this?
              How can I accept any warranty from a person I have no faith in and would not return to ?

              Comment


              • #8
                Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                Parts for a vehicle of this stature are always going to be expensive along with specialist Porsche experience which I would say is required in assessment of the repairs you write about.

                A 3.3 litre boxer turbo engine rebuild, not to mention the gearbox drive shafts, clutch would probably exceed £10k if done meticulously.

                It reads like you have been seriously let down on communications.

                Comment


                • #9
                  Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                  How can he claim I paid him for the parts ?
                  And the receipts are his and I get a hand written receipt from him?

                  When our agreement was labour cost only.
                  Now he claiming I can't have the receipts as he has claimed the VAT back.
                  He has hussled me I don't trust him as has lied to me throughout and is continuing to lie to me.
                  Last edited by P930; 17th October 2014, 18:13:PM.

                  Comment


                  • #10
                    Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                    Generally a repairer would purchase parts as a "trade purchaser" through a Porsche ( I would hope in this case) dealership................the norm is they pay the dealer with discount & charge the customer full retail, this is usually around 10% depending on the yearly spends.

                    There should be no reason why the repairer can not provide you with an itemised invoice from the the dealer, this is fundamental in repairs of original nature as it effects the history & subsequent value of the vehicle.

                    Comment


                    • #11
                      Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                      Another issue is was the top to bottom Full rebuild required?
                      As I felt pressured and held to ransom in to paying him to go to then main Dealers with my money?
                      I just want out of this whole scenario and nothing to do with him or his garage.

                      Comment


                      • #12
                        Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                        Full rebuild..............I would say so, the nature of this type of engine unit is based on power & reliability the cooling is air ( which is critical) & the build type or design can lead to problems if any adverse conditions have been applied, these engines also hold lots of oil probably twice that of a liquid cooled power unit also critical during its lifetime.

                        There are potential issues with these engines if they overheat for any reason & an engineering expert needs to check for material defects such as porosity & heat stress damage or blockages to vital parts.

                        You can only be assured of reliability if all (manufacturer recommended) processes have been followed & the engine unit is rebuilt to original specification & tolerances.

                        Comment


                        • #13
                          Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                          My trust issue is why the mechanic promised one think and delivered the complete opposite. 10 months of excuses and refusal to allow me to view my car or provide photographic evidence of the build stages and outright denied to show me the receipts in the end. He would say one thing on the phone to keep me onside and then go back to telling lies and ignoring and avoiding to commit to anything in writing.

                          As you can see I am still very upset over this whole 15 month saga which does not seem to be getting resolved anytime soon. I asked him on numerous accasions to show me all the receipts and he outright refused everytime. He knows full well he told me our agreement was for Labour cost only and the parts and their purchase receipts were mine to go with the car.

                          Comment


                          • #14
                            Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                            Hi P930,

                            Don't know a great deal about cars but it would seem not beyond the wit of man for him to provide copy receipts from the manufacturers and I can see your concerns.

                            It seems unlikely (to me) that you will get both your money and your car back, though.

                            What, to you, would be an acceptable compromise?

                            Comment


                            • #15
                              Re: Mechanic / Garage in Small Claims Court *Help & Advice Please"

                              I have it documented in text messages and emails that I wanted the receipts for the parts I am paying for and all his lies. He did not buy the Parts from the dealership as he fitted OEM parts. Is this not a breach of contract ?
                              Does this mean someone can sell a H&M suit in a Harrods back and give a hand written receipt and expect take it and walk away.

                              Looks like I am at a loss as it's down to me to prove he has done anything wrong and he can withold evidence. Photocopies of a receipt mean nothing and add no value to my car and if the engine developed a fault, Then where do I stand ? I have to deal with guy again under his warranty agreement ?

                              Comment

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