Repairs etc. - New Consumer Rights Act | Legal matters | Back Room Forum

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Fri 2 Oct 2015 13:44

Repairs etc. - New Consumer Rights Act - RobJP

We occasionally get people posting on here about garages - particularly main agent garages - playing 'parts bingo' in trying to fix a repair.

By that, I mean that the fault is diagnosed, a part is replaced, a bill paid, and the fault is still present (or returns a few days later). The process is repeated, ad infinitum in some cases.

The new Consumer Rights Act, as well as giving more rights on refunds / replacements, also seems to cover repairs. Going from the BBC ...

www.bbc.co.uk/news/business-34410782

"The Act covers all services - from washing machine repairs to facial treatments. The Act says that such services must be delivered "with reasonable care", after consultation with the consumer. If you are unhappy with the service you have received, you can ask the provider to put it right, or give you a refund if you prefer."

If that is correct, then if a garage replaces parts, but fails to fix the fault, then a customer will be entitled to a refund OR a proper fix under the 'reasonable care' grounds

Interesting. I wonder if HJ himself could give his viewpoint as to that ?

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Fri 2 Oct 2015 15:43

Repairs etc. - New Consumer Rights Act - Dwight Van Driver

See Chapter 4 Sections 49 -57 The Consumers Rights Act 2015.

Covered by the above but p***ibly only a price reduction?

dvd

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Fri 2 Oct 2015 20:04

Repairs etc. - New Consumer Rights Act - focussed

I would suggest that if you are booking a car into a garage to have a specific fault diagnosed and fixed that you detail the fault in writing in an email or written note given to service reception.

If the fault that you have detailed is not fixed but payment is demanded and made, then according to this new act the garage is in the frame for the cost.

How this is going to work in practice is anybody's guess.

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Fri 2 Oct 2015 23:13

Repairs etc. - New Consumer Rights Act - galileo

I would suggest that if you are booking a car into a garage to have a specific fault diagnosed and fixed that you detail the fault in writing in an email or written note given to service reception.

If the fault that you have detailed is not fixed but payment is demanded and made, then according to this new act the garage is in the frame for the cost.

How this is going to work in practice is anybody's guess.

Independent garages may be reluctant to accept cars with any but the most obvious and simple fault, the glass palaces may have the assets (and lawyers) to accept the risk of refunding the cost of work and parts on tricky jobs.

Customers attitudes vary from reasonable to b*****-minded paranoia where garage bills are concerned, we'll have to wait and see how it pans out.

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Mon 5 Oct 2015 10:20

Repairs etc. - New Consumer Rights Act - concrete

The word 'reasonable' is usually inserted into a statute that is interpretive.

I suppose it is reasonable to expect that not all garages will get it right all the time, therefore it is reasonable to give them a chance to rectify problems or errors. However this act does seem to encourage service providers to take not just reasonable care, but perhaps an extra level of care to ensure better conclusions. As ever there will be good and bad outcomes on which to base legal precedents.

Cheers Concrete

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Wed 7 Oct 2015 00:43

Repairs etc. - New Consumer Rights Act - focussed

Having read the statute, the conditions and the responsibilities of the seller to respond to complaints, the word "reasonable" is notably absent.

I was struck by the clear,plain, unvarnished language of the statute-very unusual today.

It even specifies a time scale for a valid refund - not more than 14 days.

It will be very interesting to see how all this pans out.

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