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Ratchet and ruined

My September 2010 Citroen C5 Tourer was recalled by Citroen and VOSA, in November for rectification of handbrake problem. I was instructed to take it to any authorised dealer. The work involved removing the complete centre console and removing the first notch on the ratchet quadrant. It was a scheduled 2-hour job. I attended my nearest authorised repairer (not the selling dealer). The "pig of a job" took three and a half hours, I collected in the dark and next day found multiple minor scratches on a cubby hole lid on the mat-chrome plastic trim panel of the console. The black base plastic shows through. The dealer refuses to replace the lid because it will cost him too much (£66 +). For this recall work, Citroen only pays him for 2 hours labour. He contends it is the sort of damage I may cause myself during ownership and will not affect its resale value. This damage is relatively minor but in a prominent position between the two front passengers, and it's my lovely new car. Citroen say it's for me and the dealer to sort, but I went as instructed, to their agent. Who should I press?

Asked on 28 November 2011 by DC, Ashtead

Answered by Honest John
Our legal people's response as follows: "If the dealer caused the damage then they are ultimately liable whether the reader was paying for the repair or not. I suppose it would be possible to take action against Citroen as the repairer would be acting as their agent but it comes down to the terms and conditions for the repair. These normally exclude any liability for a third party so it is likely that The reader’s recourse is directly with the repairing garage - although if it ever got to litigation I would normally join both the dealer and Citroen to the case. I have some sympathy for the repairer in that work such as this is almost always underestimated and there is very little profit in the job - and none at all if anything goes wrong. If the dealer is resolute about not paying then the recourse would be Small Claims Court. However it is almost never cost effective (in terms of time, trouble and stress - which are not recoverable) for such a small amount. Personally I would buy the part myself and ask the dealer to fit it free of charge but the reader may feel otherwise."
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