Rusted Vehicle From Garage

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Tue 17 Nov 2015 10:50
Rusted Vehicle From Garage - Southeasterly

I placed a large occassional vehicle into a garage about four years ago, requiring some mechanical and electrical work and was advised that the vehicle would be ready in about 4 months from the date of dropping off. After 6 months I contected the garage and was brusquely told it would be (open ended) longer, accept it or take the vehicle away. Considering costs of towing I elected for the former.I checked back again, same message.

The vehicle was occasional and stored under cover, so I did not worry unduly. Some time later it appears the garage moved and therefore it was moved to a new location. In time it was broken into. I was contacted by the police on behalf of the garage. I provided my details to the police they liaised with the garage and said the garage would be in touch.

Fast forward a year. The garage contacted me to arrange repairs. In the end I ended up paying nearly £5k for some repairs that seemed to expand from the original elements.

They then had the vehicle MOT'd and returned. In the time with the garage the bodywork of the vehicle has very badly deteriorated making the vehicle (in the opinion of two mechanics I have engaged to review it) worth much less than the amount spent on it and also 'unlikely to pass an MOT on that basis'.

Do I have a claim of some description in the County Court (Small Claims) for either:

- The cost of the repair to the bodywork (estimated to be at least £2,000)
- The return of the money paid for repairing the vehicle, due to the fact I would have been extremely unlikely to have paid for that work to be carried out, knowing the changed circumstances of the vehicle. That they had a responsibility to inform me of these developments.

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Tue 17 Nov 2015 11:08
Rusted Vehicle From Garage - RobJP

At one point you left it, by your own admission, for a year between contact after the car had been broken into - which the garage eventually made, not you. ("Fast forward a year. The garage contacted me to arrange repairs").

Not exactly the actions of an owner who is 'precious' or particularly caring about their property, on your part.

So their entirely reasonable argument might be that they thought you'd gone and abandoned it : no contact off you, so not an unreasonable assumption. In which case they were entirely reasonable in just parking it up, and any deterioration is down to your tardiness.

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Tue 17 Nov 2015 11:10
Rusted Vehicle From Garage - Southeasterly

Of course some tardiness, but before embarking on those repairs, as I have asked, was there not a responsibility on their part to outline the changed condition. The basis on which the work was taken on and the largely sound exterior of vehicle had changed.

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Wed 18 Nov 2015 10:43
Rusted Vehicle From Garage - skidpan

Any older vehicle standing for 4 years will suffer deterioration, its a simple fact.

You were obviously not that bothered about the vehicle if you were happy for it to stand for that length of time.

If you had taken more interest and ensured the work progressed in a timely manner you would not be in this position.

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Wed 18 Nov 2015 11:13
Rusted Vehicle From Garage - RobJP

Of course some tardiness, but before embarking on those repairs, as I have asked, was there not a responsibility on their part to outline the changed condition. The basis on which the work was taken on and the largely sound exterior of vehicle had changed.

Did you not have any responsibilities at all, and all the 'rights' ?

Did you not, possibly, think that going and checking on your property after it had been broken into might be a good idea - and the act of a 'responsible' owner ?

One post you're saying that the car requires (circa) £2000 worth of paintwork (which would basically mean cosmetic work), and now you're saying that the vehicle is no longer 'largely sound'. Which seems like 2 very different descriptions.

You basically abandoned your vehicle for a number of years. Any responsibility that the garage might have to you is hugely reduced, almost to nil.

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Wed 18 Nov 2015 15:40
Rusted Vehicle From Garage - Southeasterly

It's at least 2k's worth of repairs, I have been advised. It's much more than cosmetic in several places.

Abandon suggests I completely walked away from it. I did not, and paying thousands for the repair and return contradicts that.

My concern is that I would not have done do, if the circumstances of the vehicle had been outlined.

I guess it all will clearly revolve around points of law, which ones was what I was trying to determine here before considering visiting a specialist solicitor. The above suggests that's likely the best course of action.

Edited by Southeasterly on 18/11/2015 at 15:42

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Wed 18 Nov 2015 15:54
Rusted Vehicle From Garage - Andrew-T

We don't know what kind of car this is. I agree that it sounds as if the garage may not have exerted full 'duty of care', but if the car were mine I would prefer to have it with me except while it is being worked on - assuming it is driveable, of course.

Bodyshops (if that is what it is) or any garages really, would prefer not to store customers' cars, they just take up useful space. You're lucky they haven't charged you for that.

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