Car Dealership Problems

What car is it? Sounds a bit pricey to me.

As for the dealer - a quick call to your local consumer protection may be in hand.

"Gr8-Scott" wrote in news:ddqn4r$brv$ snipped-for-privacy@nwrdmz03.dmz.ncs.ea.ibs-infra.bt.com:

I'm not trying to stick up for your main dealer, but the wheel bearing can be a difficult part to find a fault in, until it fails. There could also have been damage to the drive plate (part of the wheel hub), which may have caused some of the sounds you describe. I'm surprised you continued driving the car when suspecting such a serious fault in the car, did you think of putting the car into another garage?

As for the (legal) difference between asking a garage to find a fault, and asking them to repair it, i'm sure some of the other knowledgeable chaps (and chapesses) here will be able to help there.

GK

Life not fair. Yes, the dealers were rubbish but so what? That dosen't make them any more liable. If they couldn't see the problem a) Go somewhere different, b) or get them to replace the bearings anyway.

You found a potentially serious safety related problem with your car.

Even though your car had a serious problem you continued driving it?

You continued to drive it after a serious fault had developed?

The brakes failed on more than one occasion and yet you still continued to drive?

If you were bothered about your own and other road users safety you shouldn't have continued driving it when you first discovered a "wheel was wobbling"

I was

The point Jack is making is that the brakes failed.

Safety numpties would cry "think of the children."

Regardless, what car is is, because £1,000 is a lot of money for this kind of work.

"Gr8-Scott" wrote in news:ddqn4r$brv$ snipped-for-privacy@nwrdmz03.dmz.ncs.ea.ibs-infra.bt.com:

If the problem failed to manifest when the dealer looked at the car, what would you have them do? I presume that the car is out of warranty - it is hardly in their interest to turn down work. If anything, I think you have an honest dealer!

The brakes were repeatedly failing, and yet you continued to drive. If the car was not fit for the road, then you shouldn't have driven it any further.

I feel sorry for you facing this expense, and though it might not seem like it I do have some sympathy with you here. I don't know what the legal position is, but I would be surprised if the dealer is in any way liable unless he knowingly allowed the vehicle back on the road knowing it would fail, in which case you may have a negligence claim. But I am not a lawyer.

From your description, the dealer sounds honest. You're better placed to form a view there than I am though.

Wrong! this was a professional look at your car not some back yard you like Milan pretending to be a lawyer, the problems of bearings and drive shaft are well known and easily identified. Conclusion the mechanic did not do his job properly.

As you have said, you got a clean bill of healty from a professional, you are entitled to belive and rely upon the professionals opinion that all is safe with your car.

No it is not, and the claim is un concionable conduct on behalf of your professional advisers, the mechanics and the dealership where there behaviour has been harsh and oppressive towards you to gain an advanyage over you which is not tolerated by the community at large.

in which case you may have a negligence claim. But I am

As Milan says he is not a lawyer, but he expresses his opinions as though he is: you have no claim for innocent or frauduelent misrepresentaion but if you couple your claim of UC with negligent mis rep. you will succeed

The dealer like Milan is dishonest and you acted on the dealer advise, dont act on Milans advise

I don't think you have much of a case. You continued to drive the car when you knew there was a problem rather than getting it towed to a garage for inspection. By doing so you put yourself and the public at risk so you got away with driving a car in an unroadworthy condition. You could be facing a court case rather just a large bill.

Peter Crosland

"Do not belive one word from Martin Milan" wrote in message news: snipped-for-privacy@g14g2000cwa.googlegroups.com...

Well known and easily identified?

In that case, why ask the dealership to find the problem?

A jumped at conclusion.

Perhaps but it has to be the drivers responsibility to ensure that the car was roadworthy. Advice is advice, just that. "Come back if it does it again." It did it again. Bosh. Go back. Instead the OP faffed about up and down the road to do some troubleshooting. Found a problem. The car went back. "Nothing wrong." Then forty miles were driven.

Sorry, but if the OP believed that there was a problem, saw the evidence, did he or she really believe that there was no problem just on the say so of the dealer? To drive forty miles knowing that there was an issue, despite being told that there was none - something isn't right here?

*cough* Where did you spit that up from? Get real.

So what you're saying is that if I believe there's something wrong with our gearbox, say it whines and the gear lever shakes in top, so I take it in to a dealership. They tell me that there's nothing wrong but bring it back if it does it again, then the transmission drops out the next day after having fiddled about with it and driven forty miles, I can claim that it's their fault? Nice.

Cars break. Get over it. The time to get stroppy was when it did it immediately after collection, not the next day.

"Do not belive one word from Martin Milan" wrote in news: snipped-for-privacy@g14g2000cwa.googlegroups.com:

So my stating "I am not a lawyer" is my expressing my opinions as though I am?

I don't ask anyone to follow my advice, and in fact - as you have pointed out, I offer opinion. But, just this once I will offer the OP a sound piece of advice - "Only accept advice from those who can spell it."

Martin.

Hey boyo,

It is well known that I am dyslexic, I cant spell for the life of me, when I was in business full time, my secretary thought is was very funny, in the end so did I but over the years Ive learned to live with it and use spell checker whenever I can.

But, for your information, I do hold an LLB I never practiced law for a fee however I have on occasions taught contract and evidence., now tell me again, Im wrong.

Martin for your own good stop being such a stubborn fool, you maybe a shy man but you're putting yourself in terrible company and I can't help feel you are being manipulated, youre on the wrong horse mate..

Here is a legal reply -

The garage are expected to show "reasonable care" when inspecting for defects etc. "Reasonable care" means they have to use the same level of competence as any other ordinary garage. No-one on this group can tell you whether they exercised this level of care or not. You need to take car to another garage and ask them for their opinion on this question. You also need to ask them exactly what your garage ought to have done, and what difference this would have made in terms of the final outcome.

No, you can't take them to some kind of tribunal as there is no such thing. IF they have been negligent, and this has caused all the extra damage, you can take car to another garage for the work (paying their bill of course) and then sue for the money back from your own garage. But doing this will cause a lot of stress and trouble and you have no guarantee of success even with a reasonable case. Of course you can use the threat of this to negotiate with your garage for a reduction etc.

Goodbye UK legal. There appears to be no lawyers left here ............

By Lorenzo the well known clown, with no legal qualifications what so ever.

And you have a right to expect that they have done just that.

No-one on this group can tell you

No one in this group need tell him that at all, just like no one tells you when you visit your physc. that you are mentally sick, its just a given, you dont go to a doctor to change your tyres....well you might You need to take car to

That is of course a good idea, but not in the context this clown puts it, all you need from another garage is a stat. dec. saying how they would recognise the fault and how easy is it to recognise etc...no one is going to dob in a mate, so do it Lorenzo way and your asking to lose before you start.

That is the difference between a good lawyer and a bad lawyer.

Now all this depends on how well you present the case to the 1st garage who may wish to avoid a court action and of course the time you can keep your car off the road.

But doing this will

Finally bit a bit back to front, shows no understanding of the ease of the case, prob some primtive 1st year law student.

hell if your the standard to judge by...... cya

>

I don't think it fair that the dealer pay, either. Stalemate.

You had a noise, you drove it further, it broke completely. I think this is 'absolutely' your responsibility.

I agree it is unfortunate that the dealer did not find the fault (especially if it was actually easily evident), but you could have gone to another garage, couldn't you?

After the awful noises on the way to work, you drove it even further? This would have compounded the problem and increased the cost.

The legal aspect would be that you must PROVE (beyond reasonable doubt) that the dealer was in some way negligent. It does not sound as though you can.

In your position I would look for the parts needed second-hand, and find a small garage (by personal recommendation is the only reliable way) to fit the bits.

mrcheerful

Im in a good mood today, in civil law there are 3 types of misreprentation to plead:

1) Innocent misrepresentation 2) Fraudulent misrepresentation 3) Negligent misrepresentation.

Now MRCHEERFUL, please look up Hedley Byrn v Heller...and then write your spiel again if you can understand the ratio, and then when you can decide what the OP should present come back and I will review you again

What a load of rubbish

there is nothing he can present, that is my point.

the cheapest end to the problem is as I detailed : In the op position I would look for the parts needed second-hand, and find a small garage (by personal recommendation is the only reliable way) to fit the bits. (this is the best advice anyone can give .

mrcheerful

In message , Gr8-Scott writes

Assuming that they had to remove the above to identify the problem, they are entitled to the cost of what they have done so far. If you ask them to replace the stuff without repairing the bearing, so that you can have it repaired elsewhere, they are entitled to the cost of that aswell.

When you hear the costs without the repair, you can then make a decision as to whether to proceed with the repair with them, take the car elsewhere for repair, or scrap it.

Main Dealers charge a fortune, (upwards of £60 per hour I would guess), and new parts from Main Dealers are astronomical. Main Dealers only really only want to do servicing and simple repairs, where they can charge a fortune for a bit of oil, some spark plugs and a couple of filters.

I am somewhat surprised that you didnt take it to a back street mechanic who would have been much cheaper, and probably much better placed to deal with this type of problem.

You cant really blame them for the bearing collapsing - you could have parked up and left it for them to look at the next day. Instead, you continued to drive it.

I understand your point, however he has relied upon the word of his mechanic that all was well as he is entitled to do : so may I suggest as politely as possible that you read up on unconscionable conduct, where who is in a stronger position takes advantage of a person who is in a weeker position and then relate the facts again, like this.

The garage mechanic is a professional, doing a professional job on which the OP relied. having been told that there is no defects in the car the OP left relying upon the professional skill or knowlegde of the professional person....now take me further....through undue influence presumption..& then rebut the presumption and give me a remedy.

Tony