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What are my rights

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gasman | 14:38 Sat 13th Jan 2007 | Law
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Mrs Gas took her car in for a service, a new timing belt and an MOT test. She was informed although unbeknowned to me that they recommend changing the whole kit and not just the timing belt, but she declined thinking the extra �120 was far too much money on top of the cost of the timing belt aswell, and thought that the garage was trying it on with a woman so to speak, and trying to get more money etc...Any how to cut a long story short the car whislt on the ramp undergoinig MOT testing procedures suffered major mechanical failure the new timing belt went on it and this was (they say) because the whole kit was not changed and they are not responsible for it. Yet they took into there possesion a really good reliable car that has never been a problem or let us down and we now have a car sat on some ramp with only half an engine in it now. Any advice is most appreicieated as this could potentually run in to the thousands ��� and I feel some way that this is not entirely our fault. How do we stand on this ??? What are our rights ect...

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Is there any way you could get a second opinion, although appreciate may be diff if car sat there and unable to move it. From a legal perspective, the work the garage did should have been carried out with reasonable care and skill, and I guess it is for you to decide (perhaps with help of second opinion if poss) if this has been the case or not. If not then you are entitled to pay the garage a reas amount for the work they have done, taking into account the costs of getting it put right.

The counter argument is what the garage are saying, that if the whole system had been changed then it would have been OK. Have you got any proof they were wrong, or just a feeling? Feelings are very hard to back up and prove.

I can't tell you what to do, but hopefully a quick rundown of the legal position has been some help?

If in doubt, call your local Consumer Direct 08454 04 05 06
Do you have legal cover on your car insurance? If so, contact your insurer and ask for advice. Also, are you in the AA/RAC etc, as they can also help.
Good luch
Question Author
I have phoned my local Consumer Direct people and they say i have not really got much to go on and suggested meeting the garage halfway as it is a 50/50 thing. And suprisingly the garage are willing to halve the cost of the bill as a good will gesture and to shut me up of coarse as we are a very tight knit community here and bad reputations can hurt small bussiness round here. They have even given my wife a car to use now untill ours is ready on friday.
I'll look into this further for you, (my brother in law is a very good mechanic), but it sounds as though you are being spun a line by the garage and my first port of call would be to your trading standards department via your local council.

Can you be sure that the timing belt was in fact replaced? A timing belt & kit is not expensive, it is the labour involved that makes the bill expensive. I think your being spun a line.

I replaced the timing belt on my car last year and it cost less than 190 pounds - unfortunately the bill via email didn't specify the breakdown of the job. But I restate that I am pretty sure a TB/TB kit is inexpensive, but the labour is what you pay for. Post a message on the 'motoring' page and see what a mechanic says, but I have grave doubts about the honesty of your repairer.

If the repairer is 'at it' you can sue for damages in court for breach of contract. Please let me know how you get on.
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Cheers stu Dent , I have posted the qestion in Motoring as you have suggested thank's for you're input.

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