Car repair bill but car not repaired

C

Clonback

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My neighbour left her car in with main dealer as it had a slight tremour in engine.
Garage kept car for 2.5 months and carried out some repairs and fitted new timing chain at manufacturers expense despite car out of warranty for 3 years.
She collected car and paid bill c.2500Euro
On her way home from garage car still had tremour and she placed stop on cheque.
Garage say they dont know exact problem but need to investigate further but cant give estimated costs.
The garage now are going to sue her.What can she do?
 
Take the stop off the cheque..

She is loosing the upper hand straight away.

First, if the repairs are being covered under warranty, why was there a payment made?.
Second, the garage need to re-examine the vehicle to be given a fair chance to give an opinion, and rectify, and only then, if not satisfied, should she look for reimbursement through an by what ever means necessary.
 
It appears that alot of BMW's had timing chain problems,however thats not the problem.The garage claim they put in parts re diesel particulate filter.
If the original problem i.e. engine tremour is not fixed why should she pay?
Many thanks
 
Because, repairs were carried out, and she cant play judge and jury with this. The repairs may not be to her satisfaction, and she may very well have a case, which, I would agree she does, but, there is a right way to go about this and a wrong way..

There is a procedure to follow, and unless she plays by the rules, this will not go well.

Trust me.
 
Why should she pay when after 2.5 months in a main BMW dealer the car came out with the same problem it went in with?
 
Ridiculous to suggest that she should pay first and query after.

Stop the cheque, which she wrote in good faith, on the garage's assurance that the car had been repaired. Now that she has discovered this not to be the case it would be foolish to allow the cheque to be paid.
 
I agree with Cremeegg but the garage is claiming payment on the basis that they used parts and labour.
I feel she should let the garage sue and defend on the basis that the BMW is not fixed.
 
When I was a first year apprentice many years ago, this nice old lady came in to have her car serviced, saying one of the problems she has is the car is very heavy on petrol. She had just lost her husband and took over driving his car.

We serviced the car and returned it to her.

The following week, she came back demanding her money back as the car was the very same and she felt she had been done.

We took the car back and checked it over and re-replaced all parts again, just in case any were faulty. Ran a diagnostics check and were doubly sure this car was in perfect mechanical condition.

She came back again, same problem.. demanding we repay her service bill and upset at how she felt she was treated.

This time, the service manager said he will go for a run in the car with her to see how she drives the car and to try and get to the bottom of this, as he was now thinking, he was the one being scammed by a nice little old lady.

He hops into the passenger seat, she settles her-self in to drive, and the fist thing she does is, to pull out the choke (cars did have them then) and hang her hand bag on it.

For anyone under the age of 30, A choke was a mechanically operated leaver which when pulled out lets more fuel into the engine for easy starting, but only to be used when cold.

So, there is a right way to do things and a wrong way. Your pal is doing it the wrong way.
This is not a man in van replacing gutters etc..
 
1. BMW has 'tremor' (Note - Timing chain mentioned - BMW already professionally embarrassed here)
2. 10 weeks of no car, general concern, uncertainty and worry....
3 . BMW returned to owner with same tremor + a large associated bill for random exploratory donkey work carried out on anything but the issue.
4. Garage threatens to sue in order to protect their incompetence - Owner stops cheque as has received no tangible benefit, service or resolution.

- Serious question - If the Garage had kept the car for 6 months and returned it broken with a 10k bill does the same rule apply where the poor customer must shut up and pay up?

Maybe these people should be out in a van hanging gutters......

FWIW if someone offered me a new BMW for free on the basis that I would pay the ongoing and inflated maintenance costs I wouldn't take a gift of one.
 
"... out the choke(cars did have them then) and hang her hand bag on it."

Oldest joke in the book.
 
Thanks MangoJoe,you clearly understand the issue.i.e.car not fixed.

The car is worth 10/11k and BMW replaced timing chain saying it cost 5k and now they want 2.5k.

This car is also included in the current B+ Cable Recall.

What should my neighbour do as she received a very threatening letter from BMWs solicitor giving her 7 days to pay?.Otherwise they will refer this matter to AnGarda Siochana for investigation under S.4 of the Criminal Justice Act 2001 and institute District Court proceedings for sum owing.
 
The car wasn't fixed, on the other hand, the timing chain was replaced and it sounds like it needed it? The price charged for the replacement was reasonable?
If selling on the car, new timing chain is good to have... you don't want to be driving car when timing chain goes for sure. So the garage didn't damage the car and did real work - just not the work that was wanted.

So, I'm not saying what the garage did was right but I'm not sure if I'd be going to war over this one.
 
If the garage carried some element of "proper" work they are actually entitled to be paid for that element on a quantum meruit basis.

I would proceed as follows ;

1. Send the garage a cheque for about 50% of the bill on a without prejudice basis and with a denial of any liability to pay. I would endorse that specifically on the back of the cheque.

2. I would photocopy the cheque - front and back - before sending it as, under data protection, you will have great difficulty getting a copy of the reverse of the cheque if it is cashed !

3. I would send the cheque, payable to the garage, to their solicitor on the basis that I have a counter-claim for breach of contract and or negligence in or about the inadequacy of the service and repairs rendered.
I would also add that I reserve the right to make any other complaints.

4. I would specifically deny any intent to obtain services improperly or to deprive the garage of their just entitlements, if any, as ultimately judged by a court or agreed by the parties.

5. I would contact BMW Ireland and make my disgruntlement known in no uncertain terms.

6. Depending on what happens with BMW Ireland I would consider having the vehicle examined and reported on by a competent automotive engineer who would be able to give evidence in court of any inadequacies or
deficiencies discovered.

P.S. It might be a good idea for the customer to engage her own solicitor now unless she is going to go the Small Claims Court route. That option might be negated if the garage issues proceedings in the District Court.
 
Last edited:
DirectDevil said:
I would proceed as follows ;

1. Send the garage a cheque for about 50% of the bill on a without prejudice basis and with a denial of any liability to pay. I would endorse that specifically on the back of the cheque.
Click to expand...

Do you really thing they will run to the Bank and cash it!


DirectDevil said:
3. I would send the cheque, payable to the garage, to their solicitor on the basis that I have a counter-claim for breach of contract and or negligence in or about the inadequacy of the service and repairs rendered.
I would also add that I reserve the right to make any other complaints.
Click to expand...

Which cheque, the other 50% one!!

DirectDevil said:
4. I would specifically deny any intent to obtain services improperly or to deprive the garage of their just entitlements, if any, as ultimately judged by a court or agreed by the parties.
Click to expand...

Yet payment was stopped for services received..

DirectDevil said:
5. I would contact BMW Ireland and make my disgruntlement known in no uncertain terms.
Click to expand...

The only sensible part of your post.

DirectDevil said:
6. Depending on what happens with BMW Ireland I would consider having the vehicle examined and reported on by a competent automotive engineer who would be able to give evidence in court of any inadequacies or
deficiencies discovered.
Click to expand...

This could have done this with-out stopping payment, and, would have had a much stronger position going forward

DirectDevil said:
P.S. It might be a good idea for the customer to engage her own solicitor now unless she is going to go the Small Claims Court route. That option might be negated if the garage issues proceedings in the District Court.
Click to expand...

The cart was placed firmly in front of the horse here..
 
Clonback said:
What should my neighbour do as she received a very threatening letter from BMWs solicitor giving her 7 days to pay?.Otherwise they will refer this matter to AnGarda Siochana for investigation under S.4 of the Criminal Justice Act 2001 and institute District Court proceedings for sum owing.
Click to expand...

This is just the usual threatening BS that passes for ethical behaviour in law firms.

For a start that is the wrong Section of the ACT.

To bounce a cheque, i.e. allow it to be unpaid when presented, can be looked at as a criminal act, to stop a cheque on the basis that the service was never provided, and this only came to light after the cheque was written is not a criminal matter.

I am not a lawyer.
 
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