Car repair problem

Discodog

Apologies for cross posting this but I would like an opinion here as well as in the Motors forum.

A local mechanic, who I have used before, agreed to do my timing chain. He examined the car in September to check that it was worth doing. I left the car with him & agreed that he would do it.

September Mechanic has car.

11th November he says that he's starting it.

16th November send me photos of it on a lift.

25th November sends photos of the chain off the car

Then nothing. Doesn't reply to messages.

My other car is permanently off the road now & I am stuck. I don't want to fall out with a local guy but I will need to use the money set aside for the repair unless he gets my car back soon.

How would you play this ? The delay has cost me a lot. Where do I stand legally ?

Atlantic Dawn

Is it a legit business he is operating? Have you tried calling to the premises and asking for an update?

Is there a chance he is dead, Ill etc?

Discodog

https://www.boards.ie/discussion/comment/120055438#Comment_120055438

Very legit business with a good reputation. I was planning to call in before I became car less. Obviously I have to wait until tomorrow. I am more wondering what would be considered reasonable if I had to take legal action. I will owe him for the repair but the delays have cost me.

phildub

What have the delays cost you?

It sounds to me like you told the mechanic to take his time as car wasn't needed. I see no other reasonable explanation as to why you let the car sit in the garage for 2 months with no word.

Legal options - take car out of garage and get it fixed somewhere else. If the car can't be moved arrange for a tow and see if you can recoup costs of this in small claims court

Lenar3556

Not really a case for legal action. He either does the job and gets paid, or you take it off him and get someone else to do it.

Costs incurred by you as a result of having no car for a long period will be a matter for yourself.

Discodog

https://www.boards.ie/discussion/comment/120058284#Comment_120058284

So he is under no obligation to conduct the repair in a reasonable period of time? The car is in his workshop in pieces. It can't be easily taken anywhere. I have told him & sent messages, during the past 4 months, stressing that I need the car urgently.

He won't release the car without payment.

Lenar3556

Harsh as it might be - Not really on the strength of the information you have provided. If you had a documented agreement with him that it be completed within a certain timeframe, you could potentially sue him for breach of contract - but even in that case it would be very unlikely to be worth your while.

The most practical remedy here is to have him complete the work. I would say call in person to the garage and/or his house and try and encourage him to finish it. Otherwise your only other realistic option is to have it towed somewhere else.

Is there more to this? Why would he be sending you blow by blow photographs of a job which really should only take a day?

Kimbot

https://www.boards.ie/discussion/comment/120058800#Comment_120058800

Well then if hes willing to release the car on payment then ask is the work carried out and you will pay for same and collect your car.........

phildub

Do you have a contract which puts an obligation in him to complete it in a certain period of time?

If the work should take a day what exactly os he seeking payment for? Either the work is done or its not.

I feel there is more to this story that you are withholding. Why is the car in pieces and how do you know this? Accoridng to one of your posta the last pic was of the chain off the car.

You also havnt said how this has cost you money as you already had a second car

Discodog

https://www.boards.ie/discussion/comment/120060442#Comment_120060442

Because the job is taking weeks & I guess that he is trying to show me that it's being worked on.

Discodog

https://www.boards.ie/discussion/comment/120060455#Comment_120060455

I have finally been told that the car is "back in one piece but there are still issues" . I have to wait until tomorrow to know what those issues are.

Discodog

https://www.boards.ie/discussion/comment/120060853#Comment_120060853

If the photo shows the chain being off the car then ....the car is in pieces :)

I have had to turn down work because this is my work car with ladder racks towbar etc. I have had to do repair work on my other car because it was only supposed to be for emergencies & not four months continuous use. Had he completed the repair in anything like a reasonable time I wouldn't be car less now.

Discodog

https://www.boards.ie/discussion/comment/120060442#Comment_120060442

How would a case not be worth my while if it's only 25 euro to take a case in the small claims Court ?

https://www.boards.ie/discussion/comment/120061278#Comment_120061278

What would you be claiming? That the repair went over an non existent agreed timeframe?

phildub

But how would a chain being off prevent the car being towed?

What car would be deemed road worthy by the nct that would not be meant to be used for 4 continuous months

There are so many holes in this story that it's not making sense.

You said you had another car so didn't need this one back straight away but now it's a work vehicle that is vital for your income. Would you not have said that day one, that you relied on it for income. Or when you turned down your first work offer, why didn't you go back and say you had turned down work and you needed the car.

From your posts it sounds like you left the car there and didn't say when you needed to get it back by, didn't do a lot by way of follow up, maybe he didn't understand the urgency. Sounds like it could have all be rectified earlier had you been upfront from the beginning. I'd say lesson learned and move on, cant see any judge awarding damages here when no attempt was made to litigate your loss.

Discodog

You really need to read my posts. I told him numerous times that I needed the car urgently & that I was having to turn down work. I also sent whatsapp messages so I have a, written record. These messages started after 4 weeks & have continued up to now.

Discodog

I assume you mean mitigate my loss & not litigate.

Discodog

There is a reasonable time frame which isn't 4 months.

https://www.boards.ie/discussion/comment/120061551#Comment_120061551

What was the agreed timeframe when you handed it in?

Discodog

There wasn't an agreed time frame. But no one is going to expect it to take 4 months. I messaged after a couple of weeks making clear that I needed the car ASAP.

I have used him before & had no reason to expect such delays.

The new problem will be that he is now saying that there are other issues with the car & obviously I am suspicious that these are the result of the work not being done properly.

You said in your op “if it was worth doing”, can we take it this was an old vehicle?

Also, if there was no agreed time frame, what timeframe are you going to claim he exceeded?

Discodog

2007. A reasonable timeframe & reasonable communication. Taking two months to even start the work, despite repeated reminders that I need it urgently, is totally unreasonable. If he couldn't do the work he should of said so.

What did he say when you called in today?

Discodog

He wasn't open. He called me & said the car was back together but there was another issue. He wouldn't elaborate & said that he will call me tomorrow.

Lenar3556

https://www.boards.ie/discussion/comment/120061278#Comment_120061278

But what is your claim? - Mechanic is taking too long to fix the car Judge, is not a cause of action.

Try and have him get it finished by engaging with him, it really is the way to go.

Discodog

https://www.boards.ie/discussion/comment/120062734#Comment_120062734

If it was taking two or three weeks I would agree with you but 4 months & it's still not fixed, is way beyond too long for any reasonable person. The fact that there are still issues with the car, after the timing chain replacement, suggests that it was a bodged job. And every day that he is still fixing it is another day that I can't work & earn money.

I want the car back but I am finding it very difficult trusting & believing him after so much hassle.

https://www.boards.ie/discussion/comment/120063158#Comment_120063158

How do you know the issues were caused by the timing belt job? It’s a 15 yr old commercial vehicle which it was up for discussion was work fixing. Pay the man for the timing belt, pick it up and get the other issues sorted at another garage, the way forward on this seems clear.

cml387

Once he had the car for over a week you should have been physically down at the garage asking for a definite date. It's ridiculous to let it drag on for months, just sending Whatsapp messages.

Discodog

https://www.boards.ie/discussion/comment/120063176#Comment_120063176

I agree. But I trusted him, he has a good reputation. He has done work for me before & it's extremely difficult to find someone that will do this kind of work.

Discodog

https://www.boards.ie/discussion/comment/120063168#Comment_120063168

He examined the car with me present, he carried out diagnostic tests, he drove the car & the only problem was the timing chain. The car has not been driven since. So it does seem strange that new issues could appear unrelated to the rebuild. And the last thing I want to be doing is having to find another garage that may well say that the repair wasn't done correctly.

I would have little confidence in the car now.

https://www.boards.ie/discussion/comment/120063203#Comment_120063203

Not a mechanic, but surely you first need to find out what the other issues are and why they weren’t identifiable the day you dropped it in, before you say he caused the issues. Does diagnostic testing/driving/visual inspection identify all problems? Surely worn or leaking parts may only be visible when the car is more closely examined during repair.

But look, the only way to get your car back is by direct communication, if he changed the timing chain, pay him for that, I don’t see why he should release your car without payment for work done.

rock22

https://www.boards.ie/discussion/comment/120062590#Comment_120062590

@Discodog wrote "Taking two months to even start the work, despite repeated reminders that I need it urgently, is totally unreasonable. If he couldn't do the work he should of said so."

You left the car with him for 2 months during which time he hadn't even started the job. Surely it was blindingly obvious that he couldn't do the work. You should have removed the car long before then.

Pick up your car and bring it to someone more reputable.

Discodog

https://www.boards.ie/discussion/comment/120063218#Comment_120063218

I didn't just drop it in. The car was with him for a couple of weeks being diagnosed. A timing chain is a big job & usually involves taking the engine out. It's very easy to cause other problems. But yes he has said that he will call me today & discuss the new issues.

Discodog

https://www.boards.ie/discussion/comment/120063253#Comment_120063253

I repeat he is considered very reputable & has done work for me before. I suspect that he had staff shortages but also I think he favours his regulars who use him for routine servicing which is easy work & pays well. I called a lot of repairers & no one else would take on the job except a main dealer.

Seth Brundle

https://www.boards.ie/discussion/comment/120063309#Comment_120063309

A timing chain is a big job & usually involves taking the engine out.

What make & model of car is it as most modern cars do not require the engine removed to replace the timing belt or chain.

I'd be curious to know the other issues. Nonetheless, despite them not being evident on day 1 does not mean that they weren't about to happen.

Discodog

https://www.boards.ie/discussion/comment/120063748#Comment_120063748

Nissan x trail T30. He's admitted today that the issue is the engine knocking & that it's definitely linked to the timing chain & that it's probably going to have to be opened up again.

mickdw

Was it knocking going in to him?

I don't understand this. You drop a car off for new chain. You should be picking it up that evening or evening after if no issues. If there are further parts required after stripdown, that could result in a few days.

Anything else means he is taking the piss or has not a clue what he is doing or what is likely in this case, he has messed up and ruined your engine.