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What legal route to take

  • 20-06-2015 3:55pm
    #1
    Closed Accounts Posts: 3,601 ✭✭✭


    I am following up from a thread I started which was closed, I was waiting on the business in question to carry out a specific follow up, where they insisted on their own course to identify the problem.
    Basically I brought my car in for certain work (timing belt change) and it came away with an unrelated problem (brakes were ineffective), Initially due to things they said (they stated they would not help me) I considered they had intentionally damaged my car with the view to extracting extra work.
    It took me using my own technical background to resolve the problem, all of this could have resulted in a serious accident as the business (garage) initially declined to help about until the time I told them I recorded all my calls on an app.
    Also it was not until a later meeting that they admitted how they did the work, which I initially suspected was not according to how their manuals would suggest, which they confirmed in the meeting which I have recorded, but they decline to show me what the approved method in their manuals are.

    http://www.boards.ie/vbulletin/showthread.php?t=2057435134

    I offered the business the option to recreate the circumstances that would have occured during their maintenance work to see would the fault reoccur in all our presence, which I am certain it would have proved it did, but they declined and insisted on getting an independent check, which I dont consider will have recreated that situation, but may only confirm the work they suggested is reasonable, but which doesnt address the fact my car left their garage in a dangerous condition which it was not in before I left it with them.

    I am waiting the outcome of the independant check, but am preparing myself in advance for a negative response as the business has essentially done its utmost to absolve itself of blame, where I offered them to an option to check this in my (all of our) presence.

    I dont know if it will be worth following up cost wise with a solicitor, but am wondering about the small claims court?
    I was questioning that the work itself was done accurately as it was clear certain parts had not been removed to lock parts in place (cam cover), but mostly as they left my car in a dangerous condition becuase they appear to have accidentally disconnected some tubing that provides braking effectiveness, when I left my brakes were about 90% ineffective and they were insisting on brake work, obviously they never checked components around the engine after they moved it to gain access to carry out the work I engaged them to do.

    On top of this, I paid for specific work (timing belt change) I was offered a free health check, which I accepted but it was not something I sought.
    They presented me with a receipt which included a host of problems on my receipt for the timing belt change.
    While I insisted on a receipt for what I paid.

    As my car left the garage in a worse and potentially dangerous condition, what recourse do I have through the small claims court to address the problem they created, even if the work I engaged them to carry out turns out to be ok?


Comments

  • Closed Accounts Posts: 3,601 ✭✭✭cerastes


    Are they in breach of the sale of goods and provision of services act 1980?
    Section 39 says they have a duty of care to carry out work competently but my vehicle came out worse than it went in and they then declined to rectify it leaving it to me to fix.
    How is this viewed and where can I take a complaint if they don't compensate me for their breach given it caused sucha hazard and leaving me to fix it myself?
    Basically im planning to take it to the small claims court if its not resolved to my satisfaction but if necessary further given their attitude thus far.


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