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Where do I stand if the garage has messed up my car?


twobears

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I've had ongoing roof issues for months now and I took my car ('06 Roadster) back to the Nissan dealership for repair a few weeks after buying it from them. Unfortunately they caused a lot more damage by doing work to which I'd not consented and now my roof motors aren't working properly. The warranty period has expired because the garage have had my car in and out for weeks over a period of several months so they are trying to wash their hands of the whole thing but I don't see why I should be paying to put right damage that they and they alone, have caused.

 

I am in talks with Nissan HQ but am feeling pretty hacked off with the whole thing and about ready to shout at someone. Any ideas other than naming and shaming Brian Leighton's garage in Howden, East Yorkshire and advising everyone to give them a wide berth? I also bought a Freelander commercial from them and that rapidly developed major and very expensive problems so I sold it. A friend has had problems with her 4x4 that she got from them and, obviously, I am never going near the place again but I want to try to make them put the damage right that they have caused to my car.

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Go back to the start. This is actually quite simple to solve. :)

 

 

Paperwork, paperwork, paperwork. Get receipts, dates, times, conversations, letters, everything. Get and keep a record of everything you asked them to do, what they did and what problems you had since. Send them a letter via a recorded service (Special Delivery, not Recorded Delivery!) stating a reasonable period of time (7-14 days) for them to either fix the problem ir you'll take it to court. Be very sure in your paperwork here and you'll be fine: You take the car somewhere else, get them to fix it and claim the costs back from the garage.

 

Again, be very sure here as otherwise you'll trip yourself up in court. Don't falsify stuff or blag it a bit, be honest and truthful and you'll be fine.

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Go back to the start. This is actually quite simple to solve. :)

 

 

Paperwork, paperwork, paperwork. Get receipts, dates, times, conversations, letters, everything. Get and keep a record of everything you asked them to do, what they did and what problems you had since. Send them a letter via a recorded service (Special Delivery, not Recorded Delivery!) stating a reasonable period of time (7-14 days) for them to either fix the problem ir you'll take it to court. Be very sure in your paperwork here and you'll be fine: You take the car somewhere else, get them to fix it and claim the costs back from the garage.

 

Again, be very sure here as otherwise you'll trip yourself up in court. Don't falsify stuff or blag it a bit, be honest and truthful and you'll be fine.

 

+1 The same applies to the paperwork even if you are dealing with Nissan UK. They need to be under no illusion that you are going to pursue it.

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I haven't got a great deal of paperwork to prove anything though :( The service manager says that he thinks the dealership should pay for the work but he probably would say that to me wouldn't he? His boss says that they won't pay anything though and I can't get to speak to the garage owner because he just ignores me.

 

I'm not sure how I can prove that the work they did was unauthorised? I didn't sign anything to say that they could do it but that means that I have no proof of anything. They have admitted liability in my opinion by fixing the gouged paintwork free of charge (since they caused that damage) and I have taken the car back many times since for them to look at, again at no cost. I seem to be failing at the final hurdle though and really can't see how I can prove anything in court :(

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In which case you are just going to have to do your best by making a record of everything you can about who said what and when in as much detail as you can and hitting Nissan UK with whatever you got. The more factual detail you can provide the more credible your testimony will be.....they will have a good idea whether people are likely to have said these things or not. If it was me I would want to get something in writing to Nissan UKs complaints department asap. If you know a friendly solicitor you could show a cc. to them on the letter (provided they know about it of course!).

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Sorry to hear you are having a nightmare. Its horrible when this kind of thing happens. I agree 100% with ekona. Even if you dont have written confirmation get everything you can down on paper. I'd be tempted to contact nissan directly aswell to see if there is anything they can do.

 

Given they made the problem worse and caused additional damage i can't see how they can walk away from this one.

 

On the flip side if the car has been back to the garage since the initial unrequested work was carried out then it may be deemed that you accepted the work because you continued to take the car back there and not stop the process then and there.

 

Either way i'd be pressuring them to at least fix the additional damage they created

Edited by Will370z
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Get all you facts together and work out a figure that they owe you.

Then go online to here.

http://www.justice.g...ey-claim-online

Bang them with a summonds which these people send out the same day which should greet the garage within 48 hrs.

Trust me it works as I have used it 3 times and 3 out of 3 wins:)

This will wake them up because it will cost them £2-3k to defend it.

You pay a fee but you get it back as the garage pays it.

If memory servs me its £60 for the 1st £1k.

Nothing could be simpler and it takes 10-15 mins to fill in.

Edited by 4RE Leather
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But there is no cost at the moment Pete, only the car and I'm guessing that giving that back is not an option right now. They must be given a final written opportunity to get the car working as intended, and if they do not then you need to cough up out of your own pocket to take it somewhere else and then you claim that money back via the courts, if necessary.

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But there is no cost at the moment Pete, only the car and I'm guessing that giving that back is not an option right now. They must be given a final written opportunity to get the car working as intended, and if they do not then you need to cough up out of your own pocket to take it somewhere else and then you claim that money back via the courts, if necessary.

 

I must have miss read it. I could have sworn he said they mucked up his car which is surely a cost!

Oh well keep them on the back burner lol!

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At least you are in a better situation than I was with one of my cars. I took it to a garage to have a new clutch fitted and the car ended up catching fire as i drove away from the garage. Luckily i managed to put the fire out and realised it was because they had fitted an exhaust heatshield incorrectly. It was just pure luck that I had managed to put the fire out else my entire car would have gone up in smoke. They denied it was their fault and no amount of speaking to their head office (national chain of garages) helped. It came down to the managers word against mine, which in court meant I had no proof.

 

Luckily for you, you actually bought the car from them, so being as you registered a problem within the warranty period, and that they caused a problem on the car should mean they fix it. They cant say the car already had that problem, else they would be admitting to selling the car like that!

 

Nissan HQ wont be interested I dont think. Normally such problems are very much down to the local garage.

 

When I bought my 07 Roadster, I noticed one of the roof support beams above the drivers head was faulty. The metal which is wrapped around it holding the elastic straps which help pull the roof back was peeling back. I took it back and the garage said that the roof is classed as bodywork and therefore not covered under any warranty. However, as a "good will gesture" they would fix it. They subsequently broke the entire hood so it wouldnt work. The parts manager didnt hesitate, but gave me the keys to a brand spanking new 370z GT Roadster off their forecourt to use for 2 days whilst they fixed the hood. I didnt even ask for it. They fixed the roof so it worked better than ever & even gave the car a full valet.

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rabbitstew, that sounds horrendous!!!! You got a better result with the Roadster roof than I have so far though. I would have been happy with my new roof, even though they did it without my consent, if it had worked.

 

R4ELeather, I am not out of pocket so far because the garage have done all the work (and caused all the damage) without charging me. I have been without a car for weeks on end but it's not my main car so that doesn't really matter. Sometimes they have offered me a courtesy car but, unlike rabbitstew, I was given a Note which I absolutely hated :(

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Last time I used them was when some guy hit my passenger door and denied he was even there to his insurers Churchill.

I don't want to go down the insurance slagging again but the CCTV proved he was there.

Taras did a quote and I went online and issued a summonds.

Within a week Churchills had sent the full amount of Taras Quote for the damage.

It was after this Taras made the repair as I never had the money myself at the time.

If the lady concerned is getting no where with the garage and quite right they must be allowed every oportunity to put it right,

then a quote from elsewhere and a very carefully worded summons should do the trick.

Basically it gives them a kick up the arse and as soon as they come to an agreeable arangement the terms of the summons

are fullfillled.

Maybe I am getting to old for playing silly beggers with duckers and divers so go straight for the jugular:)

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rabbitstew, that sounds horrendous!!!! You got a better result with the Roadster roof than I have so far though. I would have been happy with my new roof, even though they did it without my consent, if it had worked.

 

R4ELeather, I am not out of pocket so far because the garage have done all the work (and caused all the damage) without charging me. I have been without a car for weeks on end but it's not my main car so that doesn't really matter. Sometimes they have offered me a courtesy car but, unlike rabbitstew, I was given a Note which I absolutely hated :(

Ha ha the famous Note lol.

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