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BMW 1 Series - Where do I legally stand - Car Repairs - JackWills

Long time lurker here, my friend told me to sign up here and share my experience.

Hello All,

I've got a question with regards to my car and its repairs. Basically, what happened earlier this week was I drove my car to the mechanics for him to run a full diagnostics and see whether there were any problems as the yellow light on the dashboard came on, immediately I drove it to the garage to solve the problem.

The mechanic ran a full diagnostics on the car and said my chain is showing signs of wear and tear which will need to be replaced. He also mentioned that I would need an exhaust vanos solenoid (which I purchased the part from a BMW dealership on my own accord). The mechanic said to me that the job will cost £900, I mentioned to him thats out of my price range and I said to him that I will take my car back home as I'm not willing to pay that. He then thought I would take it to someone else and quoted me £650 to complete the full job to change the chain, we both agreed and he started work on the car.

The next day, which was a Tuesday. I came out of work early to check on the status of the job and the mechanic just assured me that the job will be done soon and to be patient, they took the car apart and he said once they're done they'll put everything back together and he will call me, it could be later this evening. I called him up on Wednesday and he just said the same thing.

On Thursday, three days later to when I took it to him. I came into the garage and sat down waiting there for a few hours with no word on my car, I noticed everything was put together inside the bonnet and the owner of the garage mentioned to me, the car was starting 30 mins before you came but now its not starting so we'll check if its a problem with the battery. I had my suspicions that something was up and they were aware of it as I was sitting there for a long time but they did not want to tell me.

Just before closing time on the same day, they tried to start the vehicle to no avail. The owner of the place started mentioning to the mechanic, are you sure you put everything back together properly. Naturally, the mechanic was there defending himself. The owner of the garage then said to me, sorry mate your engine has gone, I was stood there in complete shock especially since I came into the garage with it working fine. I was really annoyed and mentioned to him what would he do about it, he backtracked a bit as he noticed I overheard his conversation where he was saying his mechanic didn't put it back together properly and he goes we're not 100% it was his fault and as its late we'll double check tomorrow.

I went back to the garage yesterday and he changed his tune completely. Straight away I got the impression, he was trying to cover his tracks and he goes I've got bad news for you, you'll have to pay £1400 to fix this job. He tried to get technical and confuse me but in turn he was actually confusing himself as he seems a very bad liar. I told him I refuse to pay the £1400 and I'll only pay the £650 in which I agreed. After he disagree and told me to look for a part on Ebay so he could do the job for £1400. I said that is not my job.

Before I left, I asked him one question in which he dodged by changing the conversation, I said - I drove into the garage and the engine was working fine, if there was a problem with the engine before I came to the garage when you ran the full diagnostics at the beginning wouldn't that have picked it up? He just left me and went to serve another customer, totally ignoring me which made me feel so small.

I've been so worried at how the whole situation has occured, one issue has become a much bigger problem. Has anyone faced this problem and could you please provide your advice even if you haven't, I would really appreciate it.

Sorry for the long post, I just feel hard done by.

Many Thanks

JW

BMW 1 Series - Where do I legally stand - Car Repairs - meldrew

Cars seem to be more and more complicated nowadays and it would appear on the face of it that the job, if it really was that complicated was beyond their ability to fix it. That however is of no solace to you.

Having quoted the price the garage really should fix it for what they quoted but if there is a very real problem that has come to light then maybe some compromise is acceptable to both parties. The starting point is to discuss it, identify the real problem and find a way to fix it.Do you have a long term relationship with this garage?

The hard way is to tow it to another garage that does have the ability to solve the problem and start all over again. Anything legal takes time and money and should only be a last resort.

I had a problem where the BMW main dealer messed up and my local garge fixed it! At least I got an immediate £500 refund.

BMW 1 Series - Where do I legally stand - Car Repairs - JackWills

Thank you for the reply, meldrew.

Yes, I had an excellent relationship with the previous owners of the garage. Since the new owner has come in, I have had dealings with him where he has fixed my car but not to the same standard as the previous owners.

I understand going through legal would be a lot of hassle as I am quite aware of it with aspects of my current line of work but I am sure there is some sort of legislation against breaking an agreement to the £650 he quoted and which we agreed upon. Especially since he ran the car through a full diagnostics and a faulty engine would have been evident straight away.

It's a strange circumstance because the engine was working fine when I brought it to him and I'm 100% sure there was not a problem with it. But I feel like I have trust issues with him now because he's only highlighted the engine, 3 days after the works started and he even started having a go at his mechanic when I was there. It all seemed very dodgy.

Edited by JackWills on 26/03/2016 at 15:51

BMW 1 Series - Where do I legally stand - Car Repairs - focussed

Another "I drove it in but it won't start now" garage.

Here's the law on what you are entitled to expect:-

The Consumer Rights Act 2015 outlines the consumer's statutory rights in relation to services and states that:

  • the service is to be performed with reasonable skill and care
  • anything said or written to the consumer by or on behalf of the trader, about the trader or service is to be binding
  • a reasonable price is to be paid for a service (unless a price has been agreed)
  • the service is to be performed within a reasonable time (unless a completion date has been agreed at the time the contract was made)

Breaches of a consumer's rights may mean he is entitled to ask for the service to be redone, or to claim a remedy that may include a refund and/or compensation.

www.businesscompanion.info/en/quick-guides/service...s

How do these garages stay in business?

BMW 1 Series - Where do I legally stand - Car Repairs - brum

It sounds as if the garage changed the chain / tensioner and the mechanic / monkey messed it up big time, trashing the engine in the process. (Timing incorrect causing valve/piston contact) Their evasive nature suggests they know it was entirely their fault and have adopted a tell you nothing approach, shrugging their shoulders and hope you accept it.

You should be telling them that you will be getting an independent assesment and will persue the matter legally, in the hope they fess up and fix your engine foc. Unfortunately I think it will be an uphill battle.

BMW 1 Series - Where do I legally stand - Car Repairs - injection doc

As an ex garage owner I never discounted work just to get the job ! the price is what it is or take elsewhere ! repairing to a price rather than what the job requires is dangerous.

I never ever fitted anyparts supplied by a customer, from a legal point of view the garage still has legal responsibility over parts supplied by a customer ! nightmare if the parts are faulty.

The BMW timing chain scenarios are drama and a very poor design ! even to the point that parking one in gear on a slope can cause the chain to jump if its worn.

it sounds to me like you will have a battle with the garage and valve piston damage has occured at some point.

If i had been paid a fiver everytime I heard the excuse "I cant afford it " and the owner looking for sympathetic discount I would of retired years ago !

Repair as required ! NOT TO A PRICE, especially discounted.

BMW 1 Series - Where do I legally stand - Car Repairs - slkfanboy

@brum agree. The car should have a report done and repaired at another garage.

Incorrectly replacing a timing chain will break your engine. BMW timing chains are normally at the back of the engine and it a fair amount of work to replace them. Hence i find it odd they offer to do the work for £650 in parts.