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Getting refund from a garage

cymraeg

War Hero
hi all and after a bit of advice.

Recently put my motor in for some work by someone who came highly recommended from the owners groups etc for an engine conversion inc top end rebuild, new water pump cam belt etc.....

Picked the motor up yesterday and drove it the 3.5 hrs home parked it up a very happy bunny as seemed to be running like a dream.

Went out to it this morning to find a puddle of water underneath her and lo and behold the water pump is pissing water out and the pump itself is certainly not new. Looks like the original.

Now phoned the bloke up and explained and he seemed quite happy to arrange to get it sorted but this is now a massive ball ache for myself. Local garages are closed for the weekend plus even if I did the work myself (supposed to be going on family trip to Wales weds) still have to wait for parts to arrive and this screws up my plans.

Also when question why the work wasn't carried out he states "well I used a different block to the one I was originally thinking so decided it didn't need doing" contrary to what I asked and paid for.

Plus he assures me the timing belt was done tho I don't trust this as the area doesn't look like it has been touched in years (surface crud, water pump not done etc).

He has said he will refund me the portion of the bill that related to this work (500 quid).

Just want to know if he doesn't pay in the next few days legally how long does he have to pay the sum and shouldn't be entertaining the small claims court? ( never used one before)

Any advice greatly appreciated as I now have a vehicle I can't use until I sort it and looking at having to expend more money
 

cymraeg

War Hero
hi all and after a bit of advice.

Recently put my motor in for some work by someone who came highly recommended from the owners groups etc for an engine conversion inc top end rebuild, new water pump cam belt etc.....

Picked the motor up yesterday and drove it the 3.5 hrs home parked it up a very happy bunny as seemed to be running like a dream.

Went out to it this morning to find a puddle of water underneath her and lo and behold the water pump is pissing water out and the pump itself is certainly not new. Looks like the original.

Now phoned the bloke up and explained and he seemed quite happy to arrange to get it sorted but this is now a massive ball ache for myself. Local garages are closed for the weekend plus even if I did the work myself (supposed to be going on family trip to Wales weds) still have to wait for parts to arrive and this screws up my plans.

Also when question why the work wasn't carried out he states "well I used a different block to the one I was originally thinking so decided it didn't need doing" contrary to what I asked and paid for.

Plus he assures me the timing belt was done tho I don't trust this as the area doesn't look like it has been touched in years (surface crud, water pump not done etc).

He has said he will refund me the portion of the bill that related to this work (500 quid).

Just want to know if he doesn't pay in the next few days legally how long does he have to pay the sum and shouldn't be entertaining the small claims court? ( never used one before)

Any advice greatly appreciated as I now have a vehicle I can't use until I sort it and looking at having to expend more money

Costs very little to go to the small claims court and would be worth it for the experience alone.

This is clearly a contractural issue and from what you say he hasn’t carried out the work to a reasonable standard, though it does require a judge to sift through the facts and come to a decision within law.

 

OneTenner

LE
Book Reviewer
First of all, what was the scope of the work - i.e. was it ' strip & rebuild the top end of the engine, including replacing timing belt, water pump & all displaced parts' or was it 'carry out engine conversion'.
It's generally accepted that a retailer has three attempts to rectify or refund partially or wholly in the event of work not being carried out to an acceptable (to both parties) standard or defective repairs - that's the way i've known it to be over the last fourteen years or so.
If he's offering to rectify and partially refund, then you have to give him a chance to do that, making notes of what was agreed and when of course....
 

Daxx

MIA
Book Reviewer
I suggest you move house to some where the only shiester garage isn't 3.5 hrs away.

I'll add, since it's the garages fault to rectify, get them to collect and return your vehicle, for free.
 

cymraeg

War Hero
First of all, what was the scope of the work - i.e. was it ' strip & rebuild the top end of the engine, including replacing timing belt, water pump & all displaced parts' or was it 'carry out engine conversion'.
It's generally accepted that a retailer has three attempts to rectify or refund partially or wholly in the event of work not being carried out to an acceptable (to both parties) standard or defective repairs - that's the way i've known it to be over the last fourteen years or so.
If he's offering to rectify and partially refund, then you have to give him a chance to do that, making notes of what was agreed and when of course....


The work was quoted for top end rebuild including pump belt etc in his words. Priced more than just a plain conversion according to his website and correspondence etc.

He is now saying because he put a differnet block in to the one he was originally thinking of this negates the need for him to replace these items as he considered them ok.

Problem I have is I was quoted for and paid for this work to be done to save me the arse ache of having to do it and peace of mind etc
 
"Engine conversion" ?
What do you really mean by that eg some power hike exercise or just a like for like as yours was shagged?
Puzzled as to why....if the work was only on the head, cambelt etc...why a whole different block?
In any case, usually it's base practice to pop on a new waterpump & tensioner during a cambelt renew...it's all in bits anyhow.
I would wonder where the need for his claimed "block" came from?
Labour wise...it takes about 2 hours out and 3 in to do a full swap.
Was it a half-engine minus cylinder head or a whole if cruddy mill...out of...what? I'd check the engine number on the block myself...
A newish (3/5 years old) mill out a write-off or some old nail steam cleaned?
Devil is in the detail with these issues.
 
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OneTenner

LE
Book Reviewer
The work was quoted for top end rebuild including pump belt etc in his words. Priced more than just a plain conversion according to his website and correspondence etc.

He is now saying because he put a differnet block in to the one he was originally thinking of this negates the need for him to replace these items as he considered them ok.

Problem I have is I was quoted for and paid for this work to be done to save me the arse ache of having to do it and peace of mind etc
However he is offering a 'good faith' partial refund - I understand it's a pain in the @rse for you and there's a few things that are not clear to me (top-end rebuild but with a different block?) If he's said that in his professional opinion that various components are within their service life and they prove to not be (as the water pump seals are proving - BTW is the leak from the spindle tell-tale or the gasket?) then you have good grounds to reject the whole job as his standing (and therefore professional opinion) has been proved to be untrustworthy. Where that leaves you with regard to parts fitted & remediation is difficult to say, to me it seems an 'all or nothing' approach - reject it all and end up with your cash and old parts back or accept what has been done, take the adjustment but effectively have it all to do as you don't trust the quality of the work carried out.
 

OneTenner

LE
Book Reviewer

cymraeg

War Hero
OK the conversion was from a isuzu 4jx1 lump (common problems with injectors and sensors and a common rail unit) to an isuzu 4jg2 engine (older style direct injection and generally considered a bomb proof (if there is such a thing) engine.

The chap offers various levels of service from just chucking a 4jg2 lump in yours up to supplying a 4gj2 lump with top end rebuild ( with new pumps and belts) and a single mass flywheel conversion all priced accordingly.

I opted for the later for peace of mind, means I wouldn't have to faff about with belt changes and servicing for a while.

Now the pump itself seems to be leaking from the spindle area and there is loads of play in the shaft / spindle where the fan bolts to which tells me the pump is fubar.

Essentially I paid for to have a different block fitted to my original one with the rebuild work done aannnndddd it hasn't been in my opinion. Have paid extra for new pumps and belts and the old shite has been left on there.

Anyways hoping he comes good with the refund for the work not carried out and new parts have been ordered and will have to get the spanners out

Thanks for the input. Was after advice if he decides to be difficult with the refund and doesn't pay
 

OneTenner

LE
Book Reviewer
If he doesn't pay up, give him a reminder to pay with the option to have his work reviewed on user groups you sourced him from - with photos and comms history...
ETA - if the water pump is leaking from the tell-tale, then it's a good sign it's been standing for a while and should've been changed
 
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cymraeg

War Hero
Always pay by credit card in future and then you can activate a Section 75 claim, see Martin Money Tips.

You can claim if you paid by Debit Visa Card-speak directly to your bank ASAP.

Check to see if you have AA/RAC or other motoring organisation cover/support/membership with your vehicle insurance/house insurance/club membership etc if so arrange for an independent inspection of your engine by one of thier Vehicle Engineer's. (lots of photo's of parts etc examined to support the report).

Take your vehicle to a respected local garage and instruct them to complete the work for you and then take the first garage to the small claim court for the costs, do it on line. (BT Fleet now renamed? are totally Independent and used to working on all types of commercial type engines maybe able to do this inspection/repairs).

Get the first garage to collect your vehicle, loan you another vehicle (pay for vehicle hire) whilst they carry out the work you requested and paid for initially.

Name and shame the garage in your club magazine/facebook page, ensure you have photo's & reports etc to support your allegations.

Also if you have major engine repairs in the future then ensure YOU are given back all the removed engine parts (they are YOURS) so you can see whats been replaced. Garages with a good reputation do this any way but some just throw YOUR old parts in a scrap bin or keep them to have them reconditioned and re-sell them on.

Sale of Goods & Services apply here, speak to Citizen Advice/Solicitor/Motoring Club Legal Team etc for the full up to date advice.
 
Call a mobile mechanic and get him to change the belt and pump , they are usually flexible and much cheaper than a garage , and pocket the difference from the £500 he sent you.

If the rest of it fine then just leave it .
 
sounds a bit like your ‘rebuilt engine’ is just a swap with a ‘good’ one from a scrapyard.
 

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