Garage Legal Woes & a sick Freelander.

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Hello everyone. I have a question which maybe someone has encountered before and could tell of their experience.

I'm in the military and while I have been deployed, the head gasket on my wifes Freelander 1.8s started giving notice that it was on its way. The gasket had previously been changed by the main dealer after we bought the freelander, so we were suprised that it had gone again.

A local garage pressure tested the engine and confirmed that the gasket was leaking. They verbally quoted a price of "around £600" to change the gasket and skim the head and while the engine was apart, fit a new cam belt and water pump as the engine had done nearly 62k and we could find no evidence that the main dealer had changed them when they did the job at 35k. The quote was competitive so my wife handed the car over for the work to be done. All the other garages in the local area have quoted similar prices, LR main dealers quote being £1300

The garage completed the work and presented a bill for nearly £1200. We asked for an itemised bill as I was incredulous at the difference in price. I then proceeded on a long dialogue by e-mails querying items on the bill, the wonders of long range e-mail traffic! Consumer direct told us that the garage had broken an agreement and that was the course that we should follow.

Among the items I questioned were a head set £55, head gasket £23.75, bolt set £33.40, belt kit £66.84, vacumn hose £13.75, housing £20.59, hose £43.40, a clean, head skim & pressure test £110 & bleed hydraulics & seals £54.10. I understand that parts are not cheap, but all the above items were suppllied by an engineering firm whom the garage has refused to tell me the name of. On top of all this, while they knew that I was away, they have been the usual condecending attitude to my wife and her knowledge of cars.

I have asked to go to mediation with their accredited representitive body as i basically feel I have had my pants pulled down on this one and wanted to see who had done the work on our car. I sent all the documentation, letters and emails asked for by the approved body and this week we have recieved a curt letter from the garages solicitor stating that they carried out a "fair job at a fair price" and I had no legal position to demand who the engineering firm is or to check that the billed work is correct.

Ironically, the solicitor firm the garage have used is the same firm we use for landlord issues renting out our property so i am aware of what their letters look like. The letter I recieved looks similar but the language used is not "solicitor flowerey speak" and is not signed in the same manner as the solicitor i use for landlord issues. Its just an aside but I do feel that this garage is definately on the far side of being a wide boy.

Has anybody else had a similar experinece and is the solicitor correct that I have no right to know about who the mysterious engineering firm is who carried out the work on the head and supplied the parts listed above.

Also, as the main dealer was supposed to have carried out the work and changed the pipework to avoid head problems with the K series engine, is there an easy way of telling the difference between the single layered shim that was fitted at build and the multi layered shim that the dealer should have fitted when the head went the 1st time?

many thanks
 
The original gasket (shim) is silver and themulti layer one is black this can normally be seen without dismantling the engine, I don't know how you stand legaly but if my garage quotes a price and then have problems I always contact the customer before spending any extra money.I thought the £600 quote was expensive but £1200 is just plane day light robbery. The last one i did came to less than that and that included all parts head skim and setting up the cams on VVT model. I think you need to speek to Fanatic he may be able to help.
 
You were given a quote. Your agreement was to carry out the work for that price. It doesn't matter how fair the £1200 price was for the work done. The contract was to change the gasket, skim the head and fit a new cam belt & water pump for "about £600". £1200 is not "about £600" by any stretch of the imagination.

I don't know if you've paid anything yet, but if you haven't then send them a cheque for £600 by registered post together with a letter explaining that you & the garage had a contract to do the work for about £600, therefore you are sending them the agreed amount in full and final settlement of the amount outstanding.

If you have paid £1200 then send them a letter (recorded, again) explaining that the additional amount was above & beyond the amount agreed and that if the £600 excess is not returned in 7 days then you will be issuing County Court proceedings. If the time passes without any money turning up, then pop into your local court and ask to speak to someone to talk you through the forms; they are very helpful (usually).

Have you got the car back? If not, send a letter (registered...) explaining that you will be turning up on xx November to collect it and expect it to be provided to you there & then, if not you will be off to the County Court to seek an order that it is returned together with a reasonable daily amount to cover the days when they wrongly kept it.

County Courts are very pro-consumer on these points. We have to use them to enforce debts against our clients, and if we don't have all our ducks in a row then we are dead in the water. If there is evidence of an agreed amount for the work, and we exceeded it, we don't have a leg to stand on; it is no good pleading "but we found out later that more needed doing than that", it was our responsibility to go back to the client, explain that, and get permission to spend more.
 
http://www.landyzone.co.uk/lz/f16/buying-crock-****-if-you-already-have-76002.html
 
make sure you print out any emails where the verbal quote is mentioned. even if just to prove that they havent denied making it.
 
It gets worse.
I've just received an e-mail from Christopher Orr at JagLR telling me that my freelander has had the modified head gasket and thermostat fitted at build.

Am I legally allowed to know who worked on my vehicles head? The garage refuse's to tell me who and their solictor has stated that it our's to prove that any amounts claimed give rise to redress.

I've looked up this solictor and he deals with the company and while being a partner, his area of experise is land and agriculture, powers of attourney, trusta and tax planing, wills. Obviously he is more qualified than me, but isn't an unhappy land rover owner and a garage out of his area?

I feel just like giving up and taking the hit. A £600 lesson is a hard one to swallow but I will never go to that garage again.

What are your thoughts?
 
I've looked up this solictor and he deals with the company and while being a partner, his area of experise is land and agriculture, powers of attourney, trusta and tax planing, wills. Obviously he is more qualified than me, but isn't an unhappy land rover owner and a garage out of his area?

consumer rights isn't rocket science, are you hoping there's a super star legal eagle who makes living dealing just with grumpy freelanderers ?
 
Would be nice to know the garage so I can avoid it if it's near me!

Yep, although the garage will not be near me, this sort of thread shows that a "Name & Shame" sticky thread would probably be a good idea, but I guess there would be too much scope for libel and/or slander claims.
 
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