Legal question please. Backstreet garage any luck getting our money back?

[tradegirl 112]

Hi everyone!

So we bought an Audi A6 auto in September 2016 with a known gearbox problem. We found a gearbox on eBay (rare gbox code), and had it sent to us and fitted by our mechanic. It wasn't right and was leaking, so the supplier took it back, repaired it, and sent it back out to us. It still wasn't right.

Eventually the supplier said to send him the car (To Essex, we're in Birmingham) and he'd fix it free of charge. By this point we had paid him £1000 for the gearbox. He then said the ECU was a problem and to send him £350 to have the ECU repaired. He has now had the car since April 2017. I've called countless times, and when I eventually do get hold of him, he either says they're busy, or the latest one was that they've changed 3 gearboxes with no luck.  I managed to get someone from a nearby garage to go and check that our car is still there. He said that it is, but that we should go get our car as it will just rot there. He said we're not the first to threaten the guy with legal or police action, and that no one has ever had any luck getting money out of this guy.

Apart from our mechanics' labour, we're out £1350 to this guy. We obviously didn't know who we were dealing with initially. We have bought many gearboxes and engines from eBay and from breakers, and never had any issues.

Do any of you have any experience with something like this? Is there any way of getting our money back? Thank you.

[umesh 336]

Did you pay by credit card ? .. Hoping you did then you have a good chance other wise very difficult especially when you know this could be a major issue. 

Either way sounds like you might as well get the car back before there is any issues getting it back or damage or simply gone missing before you start any action ! 

 

[tradegirl 112]

Hi Umesh,

We paid by Paypal, funded by my current account. Paypal transaction is over 3 months old, so no luck there. And I don't think debit card/current account transactions are covered by indemnity claims.

We will be getting it back asap. Stupidly left it there for so long while the guy was claiming would start it "this week"

[CJ Underhill 34]

Removed

Edited July 26, 2017 by CJ Underhill

[BHM 994]

Good luck, I've formally threatened proceedings against a local gearbox specialist which responded with a phone call saying it'd be ready in a week. A month later I'm still waiting so I need to start the ball rolling for a small claim but it's easy enough & straight forward online. I've not paid anything yet as the car's still in bits a year on (I've been busy moving house & business and forgot about it) but it's still dumped in his corner. Not the usual place I'd normally use & I certainly won't be going back! 

Anyhow, speak to the gearbox man first, if you get the runaround from him follow the procedure to the letter and instigate proceedings. 

I'd go & get the car if possible, but in my case it's immovable & parked behind about 6 other jobs he has in.

[tradegirl 112]

CJ Underhill, I lie, it's in West Drayton (Geography's not my strong point) So it wouldn't be the same place. 
BHM, I hope yours gets sorted soon! You seem pretty relaxed about it! I would speak to him, but he rarely, if ever, answers the phone. I think we're going to get the car collected and then go over ourselves to see about the money. Not sure which way around to work this. But going off what the man from the other business said, we won't see a penny from him going down the normal route.

[MattGM 12]

Out of interest was it a traditional fluid driven auto, or a DSG box?

Where was it leaking from?

[tradegirl 112]

1 hour ago, MattGM said:

Out of interest was it a traditional fluid driven auto, or a DSG box?

Where was it leaking from?

Gosh, Matt, I have no idea. CVT? Multitronic? 
And the mechanic said they hadn't sealed it properly. That's as far as my mechanical understanding goes!

[andymc1973 199]

paypal? was he not bothered about the fees? pisses me off, we as the trade are meant to swallow sub standard mechanics

[justina3 518]

Small claims court / doubt he will attend win a judgement by default then ask the sheriffs from the tv to attend i was amazed they only charge £70 and then a small percentage to collect the debt, i would go all the way just for spite.

 

 

[have a word with the wife 299]

is it a ltd company ? is it a sole trader? you must most accurately identify the person responsible and to whom take legal action, but get that car out pdq !

[Muzo 1]

Hi i hope you get it sorted.it must be hard when you try to make a living.unfortunately we are living time now everybodys thinking how can I fiddle others i wish you good luck sorry cant help ((:

[Rory RSC 596]

16 hours ago, andymc1973 said:

pisses me off, we as the trade are meant to swallow sub standard mechanics

+1 on this

[tradegirl 112]

Thanks guys. It's a bugger, but...you win some, you lose some. Will get the car out asap and then see about court, etc.

13 hours ago, have a word with the wife said:

is it a ltd company ? is it a sole trader? you must most accurately identify the person responsible and to whom take legal action, but get that car out pdq !

I have no idea. I know this sounds bad, but I have his name and address of the garage, but nothing mentioned about ltd etc. "Backstreet garage" in the truest sense of the word I think.

15 hours ago, justina3 said:

Small claims court / doubt he will attend win a judgement by default then ask the sheriffs from the tv to attend i was amazed they only charge £70 and then a small percentage to collect the debt, i would go all the way just for spite.

 

 

Wow really? At this point it's not even spite. Does that mean I'm going to be on TV?

[justina3 518]

you could be famous 

[have a word with the wife 299]

5 hours ago, tradex said:

or infamous

infamy infamy ! they've all got it infamy !

[have a word with the wife 299]

1 hour ago, tradex said:

Weren't the slave traders Marcus & Spencius or something?