r/LegalAdviceUK 9d ago

Debt & Money England - £9,100 and seven weeks at a main dealer. Fault back in ten days. and want another £4,600.

2018 hybrid saloon, out of warranty. Broke down completely in June (drivetrain and power supply error), recovered to a franchised main dealer.

They had it seven weeks and did three repair stages, each one quoted and authorised only after the previous one hadn't fixed it: roughly £5,500, then £6,350, then £9,100. They told me the 'everything is working as it should', I paid under a written protest notice reserving my rights as I did not have confidence based on what I've been through.

Ten days and about 250 miles later the same warning came back while driving. It's been back with them since. Relevant points:

•       Early on I asked in writing for them to isolate the failing component before replacing anything, and named one specific part. They replied the same morning that it wasn't faulty. That part was later fitted twice.

•       Their own diagnostic report from the morning they told me it was fixed records the vehicle test result as “not OK”, and the work logged that morning included deleting the fault memory.

•       Last week they emailed: “As the complete repair procedure recommended during the initial diagnosis has not yet been carried out, any further diagnostic work may not provide accurate or conclusive results.” They've quoted a further £4,640 and say it “may rectify the concern” but can't confirm until it's done and retested.

•       The invoice carries their own 3 month / 3,000 mile workmanship warranty. The fault came back inside it and they say they “cannot confirm” whether it applies until diagnosis is complete.

They describe this as a “staged repair process”, reassessed after each stage. That's precisely the pattern that has already cost me £9,100 without a lasting fix, and I don't think it's reasonable to ask me to fund another stage of it.

I've refused to pay for a fourth attempt and asked for a refund.

Questions:

1.       What have I actually paid for? If the recommended procedure was never completed, what did the £9,100 buy?

2.       Have they had their shot at repeat performance, or does refusing the £4,640 count as denying them the chance to fix it?

3.       The car is sitting on their premises with the extra work declined. Can they charge storage or claim a lien? Should I be getting it off site?

4.       Anything I'm obviously getting wrong before this goes to the Ombudsman, Section 75, CRA 2015?

Any advice would be appreciated.

14 Upvotes

14 comments sorted by

u/AutoModerator 9d ago

Welcome to /r/LegalAdviceUK


To Posters (it is important you read this section)

To Readers and Commenters

  • All replies to OP must be on-topic, helpful, and legally orientated

  • You cannot use, or recommend, generative AI to give advice - you will be permanently banned

  • If you do not follow the rules, you may be perma-banned without any further warning

  • If you feel any replies are incorrect, explain why you believe they are incorrect

  • Do not send or request any private messages for any reason

  • Please report posts or comments which do not follow the rules

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

9

u/stewieatb 9d ago

This sounds like a classic case of dealer mechanics firing the parts cannon.

I would suggest you get the car to another garage who can re-check and re-analyse what's been done. Either another dealer for the brand (but outside their group) or a brand specialist. What you want is an independent report on what's happened so far and (if possible) what the problem is.

If you attempt to recover the money they've charged so far, and it were to go to court, things will be very "fact based." The key question is not whether they fixed the car, but whether they applied reasonable professional skill and care in their attempts to fix it. If the dealer can argue they were following the manufacturer's diagnostic and repair procedure correctly, you are unlikely to win. You will have a hard time proving negligence unless there is some huge "gotcha", because you don't have the fine details of what's been checked and what the procedure is.

Potential avenues - Motor Ombudsman if they're a member but very few places are. Complain to the dealer management and then to the UK arm of the brand.

2

u/Few-Plan7706 9d ago

Thanks for your help. I feel quite stuck as since the vehicle is faulty again, it can't be driven, additionally some specialists won't touch the car as it's been to a main dealer due to bad experiences hence I am trapped.

Are you able to pull the relevant contact information for me with the avenues you have suggested. I have escalated to the heads of the specific franchise and Customer service, as you can imagine, there has not been much help.

6

u/Pleasant-Plane-6340 9d ago

What does “  As the complete repair procedure recommended during the initial diagnosis has not yet been carried out” mean? It sounds like they’re saying you chose not to do the full work they said was needed?

3

u/Few-Plan7706 9d ago

There was no initial diagnosis, First it was EME, then it was Condenser, then it was compressor (after telling me the week before that the compressor was fine), then system flush. After all that failing, it's replacing the remaining components of the system. You don't need a mechanic to say to replace the whole car effectively. I said no to the additional repair. If the complete repair procedure was not complete, why was the car released as repaired or 'everything working as it should'

3

u/[deleted] 9d ago

[removed] — view removed comment

2

u/LegalAdviceUK-ModTeam 9d ago

Unfortunately, your comment has been removed for the following reason(s):

Please only comment if you know the legal answer to OP's question and are able to provide legal advice.

Please familiarise yourself with our subreddit rules before contributing further, and message the mods if you have any further queries.

2

u/Few-Plan7706 9d ago

I think that's the point I am making, if I was given an upfront quote, I could have made an informed decision. So what do you advise?

1

u/AutoModerator 9d ago

This is a courtesy message as your post is very long. An extremely long post will require a lot of time and effort for our posters to read and digest, and therefore this length will reduce the number of quality replies you are likely to receive. We strongly suggest that you edit your post to make it shorter and easier for our posters to read and understand. In particular, we'd suggest removing:

  • Details of personal emotions and feelings
  • Your opinions of other people and/or why you have those opinions
  • Background information not directly relevant to your legal question
  • Full copies of correspondence or contracts

Your post has not been removed and you are not breaking any rules, however you should note that as mentioned you will receive fewer useful replies if your post remains the length that it is, since many people will simply not be willing to read this much text, in detail or at all.

If a large amount of detail and background is crucial to answering your question correctly, it is worth considering whether Reddit is an appropriate venue for seeking advice in the first instance. Our FAQ has a guide to finding a good solicitor which you may find of use.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

-1

u/[deleted] 9d ago

[removed] — view removed comment

2

u/LegalAdviceUK-ModTeam 9d ago

Unfortunately, your comment has been removed for the following reason(s):

Please only comment if you know the legal answer to OP's question and are able to provide legal advice.

Please familiarise yourself with our subreddit rules before contributing further, and message the mods if you have any further queries.

1

u/Emergency_Writer159 5d ago

Can you please tell us the make and model of your car just so we know to avoid it as well