Advice needed

[daniel3v6]

looking for some advice please, its a long(ish) story so bear with me...

A little while ago I had a problem with the Merc (98 E55AMG W210) in that the rear passenger shock absorber snapped. I took it to a Merc "specialist" who repaired the job under the warranty I took out. From the day I got the car back the steering was intermittently heavy when going slow and mainly parking.

(should note that the car has hydrolic suspention at the back and runs off the same fluid as the power steering)

When I got the car back the mechanic told me they replaced the shocker and the power steering pump as it looked warn. The pump never appeared on the invoice and I didnt pay for it. When I queried that he said it was in with the price of the shock absorber and the warranty company were never informed of the pump replacement, so now this garage is sounding dodgy.

I basically had the car back to them twice with the heavy steering and they couldnt find the fault and told me it was the steering rack which just happened to go faulty when getting the job done. I was talking to the warranty company the whole time and they suggested i try taking it to another garage which I did. It was another Merc specialist this time in Middlesbourgh. After 4 hours the found the fault, the engine had been reprogrammed to the setup for an M112 engine where as mine is an M113. (basically the M112 is an old V6 engine) and as soon as they changed it back it worked fine.

Now heres my problem, the diagnostics and testing cost me £305!!! which i had to pay up front, the warranty company wont pay it as its diagnostics and I am wanting to claim the money back from the other garage who buggered my car up in the first place! I should mention the steering was fine before I took it to them.

Problem is I dont have any written proof that the ever plugged my car in to a diagnostic machine so could have changed the engine code.

Any ideas what I can do??

Thanks in advance

 

[Richard Moakes]

I am not sure what to suggest, apart from never ever go back to that first garage again, they are definitely up to no good. In my opinion, they may well be charging the warranty company for parts which have never been fitted, which is well out of order, however we have no proof, so it has to remain "allegedly"

I would chalk this one up to experience, enjoy the car and don't let it become an issue for you.

 

[outsmartsmart]

I would chalk this one up to experience, enjoy the car and don't let it become an issue for you.

I wouldn't - I would look again at your experience, maybe even write it down and if you can't read it impartially get somebody independent who can to see if it makes sense that you were "done".

Then either small claims court (prices have moved but probably around £50), process is both very simple and local courts will help with plenty of free advice and leaflets, or alternatively buy a DIY pack off Amazon for a tenner that has all the forms and CD to do it straight off your PC and scare the b*ggers a bit. They have to prove they weren't negligent and/or actions they took as ECU's don't just reprogramme themselves do they and you certainly didn't do it.

If you're feeling unsure and agree the phrase "invest to gain return" a sub £50 consultation with a friendly local solicitor can be really useful (a path I took with a builder we had before going through small claims).

Finally what exactly did you ask of the garage you claim to have messed your car up? You have to show evidence you gave them reasonable grounds to remedy the situation (in this case get your money back) and did the garage who fixed it offer an opinion on how it happened.

DON'T lay down and take this.....

 

[Richard Moakes]

I wouldn't - I would look again at your experience, maybe even write it down and if you can't read it impartially get somebody independent who can to see if it makes sense that you were "done".

Then either small claims court (prices have moved but probably around £50), process is both very simple and local courts will help with plenty of free advice and leaflets, or alternatively buy a DIY pack off Amazon for a tenner that has all the forms and CD to do it straight off your PC and scare the b*ggers a bit. They have to prove they weren't negligent and/or actions they took as ECU's don't just reprogramme themselves do they and you certainly didn't do it.

If you're feeling unsure and agree the phrase "invest to gain return" a sub £50 consultation with a friendly local solicitor can be really useful (a path I took with a builder we had before going through small claims).

Finally what exactly did you ask of the garage you claim to have messed your car up? You have to show evidence you gave them reasonable grounds to remedy the situation (in this case get your money back) and did the garage who fixed it offer an opinion on how it happened.

DON'T lay down and take this.....

I do agree you can do something, but without proof that will convince a magistrate or arbiter, then it's a case of scaring someone with solicitors etc..

I did wonder given the amount, and lack of evidence, whether a claim would be successful ?

Best of luck, whatever you choose to do

 

[100%Bitch]

Before you do any of the above you need to put everything in writing to the garage you initially went to and add that if you aren't satisfied with the outcome (which has to be fair) then you will take them to the small claims court. Give them a month to re-imburse you for any work carried out to your car that they could not fix for you. Then, off you go.

 

[poseidon]

I wouldn't - I would look again at your experience, maybe even write it down and if you can't read it impartially get somebody independent who can to see if it makes sense that you were "done".

Then either small claims court (prices have moved but probably around £50), process is both very simple and local courts will help with plenty of free advice and leaflets, or alternatively buy a DIY pack off Amazon for a tenner that has all the forms and CD to do it straight off your PC and scare the b*ggers a bit. They have to prove they weren't negligent and/or actions they took as ECU's don't just reprogramme themselves do they and you certainly didn't do it.

If you're feeling unsure and agree the phrase "invest to gain return" a sub £50 consultation with a friendly local solicitor can be really useful (a path I took with a builder we had before going through small claims).

Finally what exactly did you ask of the garage you claim to have messed your car up? You have to show evidence you gave them reasonable grounds to remedy the situation (in this case get your money back) and did the garage who fixed it offer an opinion on how it happened.

DON'T lay down and take this.....

I support the route with small claims court.
The witnesses are extremely important though. Ask the garage that fixed code if someone would appear as a witness. If they do not agree I would not go to small claims court since judge will believe more to the "experts" and you are layman in his eyes.

Pose