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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To take car garage to small claims court

20 replies

janeybumtum · 26/04/2019 17:25

I don't know if anyone else has had an issue where a garage has claimed to have carried out work on their car and then you find out they didn't do it at all.

I sent my car for a service to an independent garage. They said a few things doing which they were trying to charge ridiculous prices for (5 times what it should cost), so I said don't do any of it, I'll take my car somewhere else.

They said they'd already started changing the oil and would have to finish, so I told them to finish and not do anything else.

As there wasn't much petrol in the car they insisted on "topping it up" for £10, which would be 2 bars on my car, but it was still on the fuel warning light when I got it back.

I ended up having to pay £250 to get my car back.

Another mechanic who I asked to do a full service (to do everything, to be on the safe side) has looked at it and told me that the oil was most definitely not changed. I believe him because we agreed he'd change the oil to make sure everything was done properly anyway and he called me to tell me I ought to know that I had been misled by the first garage.

I called the original garage to complain and ask for a refund. They just got really ratty and denied everything.
I told them I'd be taking the matter further but I'm not sure where to start.
I'd be very grateful if someone could tell me what steps I should take next.

OP posts:

ScrewyMcScrewup · 26/04/2019 17:28

Get something in writing from the mechanic. He's the only element that isn't your word against theirs.

Original poster

janeybumtum · 26/04/2019 17:57

The mechanic has been really nice and says he's happy to put it in writing and apparently his assistants who also took a look are.

I'm just not sure where to go first with this

OP posts:

araiwa · 26/04/2019 18:00

You paid 250 for an oil change??

Gentlemanwiththistledownhair · 26/04/2019 18:02

No araiwa, OP said she needed a service, part of which was the oil change.

kalopali · 26/04/2019 18:03

OP said she needed a service, part of which was the oil change.

No, the OP said she told them to finish the oil change and not do anything else.

Summersunsareglowing · 26/04/2019 18:08

www.gov.uk/make-court-claim-for-money

Look at this website to see how to claimants to download forms.

Summersunsareglowing · 26/04/2019 18:09

claim and to download forms.

ScrewyMcScrewup · 26/04/2019 18:10

Great that the second mechanic is willing to provide evidence (an expert opinion, as it were). Now you just need to set out your case clearly and hope the judge is sensible on the day. Good luck.

Original poster

janeybumtum · 26/04/2019 19:04

It was supposed to be a car pick up and return (I have serious problems walking so had to get them to do this or I'd have had to get taxis which isn't easy here) and do the service.

I argued with them about paying £250 but they wouldn't let me have the car back so I had no choice or wouldn't have been able to get to appointments, they had me over a barrel at that point.

OP posts:

Original poster

janeybumtum · 26/04/2019 19:07

Just to be clear, they were supposed to be doing a service but were trying to charge me 5x the correct price for various parts they claimed (wrongly I'm now told) needed to be changed, which is why I told them to just let me have the car back and that I'd take it elsewhere.

They pretended to have started on the oil change so I said if it's too late to stop, finish it and bring the car back when you've done that.

Now I find that they lied about changing the oil and also lied about having put fuel in.

OP posts:

Backwoodsgirl · 26/04/2019 19:09

That’s horrendously expensive for a oil change. Should me no more than £30

dadshere · 26/04/2019 19:10

A garage tried it on with me, dh went round ( he doesn't know much about cars either, but bluffs better than I do) and the price dropped. Sods.

kalopali · 26/04/2019 19:30

That’s horrendously expensive for a oil change. Should me no more than £30

Lol, you can expect to pay £50+ just for the oil before you even start on the labour.

Prawnofthepatriarchy · 26/04/2019 19:39

I've won three cases at the Small Claims Court. The procedure is simple and the hearings aren't at all threatening.

In two of the cases the other side caved, didn't even turn up to argue, so I won by default.

The third time I just wrote out my claim, sent it in, and made my points in person on the day. The judge found for me because the people who owed me the money had no reasonable excuse for not paying me.

Each time the hearing was in a small room with a very ordinary table and chairs. No fuss or formality.

Go for it!

OliviaBenson · 26/04/2019 21:06

Did you pay by credit card? If so can you do a charge back? Xx

LotsToThinkOf · 26/04/2019 21:37

You need an itemised invoice, sounds like you’ve been charged for the parts they’ve bought in to carry out the service. The problem you might have with small claims is that you booked it in for a full service, left your car there for the work and then asked for prices afterwards when they’ve pointed out extra work that needs doing. They’ve bought parts and lost out on labour for other jobs they could have been doing, perhaps unfair but they would never make a living if every customer did this. You need to find out exactly what you’ve paid for and why before heading straight to small claims.

If you need prices first then ask for an estimate before leaving your car for work. The extra parts are another matter but if they’re relating to safety then they have a duty to tell you, it is of course your decision to have this work done or not.

If it turns out they’ve charged you that much only for the oil change (I doubt this, there has to be more to it) then you might struggle at small claims because you hadn’t requested prices before they started. You were willing to take this chance until you didn’t like the prices they gave you for the extra work. I’m not sure how this would play out in small claims.

I’m not trying to be difficult here, I’m just offering another perspective before you incurr further costs. I might be wrong, but I’ve done a few small claims in the business I work in and it’s surprising how some of them end up. It’s a simple process but it doesn’t need always go the way you’d think it would.

getback · 26/04/2019 21:41

It's relatively cheap to get these things started. But if you can, sue an individual, not the garage. We shed the garage with a cast iron case. They didn't contest and we won without going to court. However they didn't pay, they were trading under several names and when the bailiff went there was a different name on the sign. Apparently made no difference that it was all the same people still working there. The costs added up and we got nothing. So beware.

buckeejit · 27/04/2019 00:55

I've been to small claims court. Took building company who splashed my old car with cement @ said they'd clean it but scratched it all. It was easy. First draft up an email stating exactly what happened & ask garage if they agree? Tell them you have confirmation in writing from next garage they cheated you.

Make it easy for new garage drafting what wasn't done & needed done or not & ask him to check & sign.

Explain the total amount you are asking for in recompense & confirm if you don't get it you'll take the matter to small claims

Good luck

Original poster

janeybumtum · 27/04/2019 06:11

Thank you so much everyone for your replies - just to be a bit clearer

I was never supposed to be or agreeing to pay £250 for an oil change. The minute I realised the garage was a rip off merchant I told them I didn't want them to go ahead with the servicing and that I would take my car elsewhere for it. What they did in a roundabout way was hold my car to ransom to get £250.

This involved billing me for an imaginary oil change that they pretended they were already in the middle of anyway and petrol that they never put in.

I have an itemised invoice and the only parts and type of labour listed are for the petrol, the oil and the putting it in. They haven't tried to claim they had to buy or put in any other things or parts besides petrol and oil.

To tell someone that a mechanic has changed oil when they haven't is potentially creating a situation where the car may not work properly or there could actually be a problem as a result down the line.

I can't see that it's anything but fraudulent to bill and claim to have done work that hasn't really been carried out.

Does anyone think it would be best to send them more formal correspondence telling them it's up to them if they want to resolve it privately and refund me or whether they'd prefer to let trading standards look into their business and I will file a small claims court application with supporting expert evidence from other mechanics?

OP posts:

Prawnofthepatriarchy · 27/04/2019 08:07

That's what you're supposed to do. You write to them (email is fine) settling out your complaint and saying what you want from them. You tell them you're giving them until such a date (28 days?) to put things right or you'll take them to small claims. Then you wait.

You only take them to court if they don't pay you the money. You will have to direct your claim at whatever entity is named on the invoice - so XY Garage.

Be very factual and reasonable.

I personally wouldn't bother with trading standards. What you want us your money back.

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