Your Rights When Car Repairs Go Wrong

Taking your vehicle to a garage for servicing or repairs is a common necessity for any car owner. It's a legally binding contract, and understanding your rights as a consumer is crucial. While most garages operate with integrity, unfortunately, some may provide subpar work, charge for services not rendered, or fit faulty parts. This guide will equip you with the knowledge of your legal rights and remedies in England, Scotland, and Wales if a vehicle repair or service doesn't meet your expectations.

Understanding Your Contractual Rights

When you entrust your vehicle to a garage, you enter into a contract. This contract is governed by the Consumer Rights Act 2015, which ensures that the services you receive and the parts fitted are of satisfactory quality and carried out with reasonable care and skill. The garage must also provide you with accurate pre-contract information, as stipulated by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This includes details about the trader and the service itself, which become legally binding once you agree to the contract.

Key Rights for Vehicle Servicing and Repairs

The Consumer Rights Act 2015 outlines several key rights you have regarding vehicle repairs and routine servicing:

• Reasonable Care and Skill: The service or repair must be carried out to a standard that is considered acceptable within the automotive repair industry. This means the mechanic should possess the necessary expertise and apply it diligently.
• Information is Binding: Anything the garage or its representatives say or write about themselves or the service forms part of the contract. This includes descriptions of work to be done, parts to be used, and estimated costs.
• Reasonable Price: Unless a fixed price is agreed upon, you are only obligated to pay a 'reasonable' price for the service. This is generally the average price charged by other reputable garages for similar work in your area.
• Timely Completion: If a completion date is not specified in the contract, the work must be finished within a 'reasonable time'. What constitutes reasonable will depend on the nature of the repair.

Key Remedies if Service is Substandard

If the service or repair falls short of these standards, you have several remedies:

• Right to Repeat Performance: You can insist that the garage carries out the service or repair again, at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience.
• Right to a Price Reduction: If repeat performance is not possible, or if it fails to resolve the issue, you are entitled to a price reduction. This could be a partial refund, or even a full refund if you've received no benefit from the work.

Your Rights Regarding Parts and Goods

When a garage fits parts, oil, or accessories during a repair or service, these goods also come with specific rights:

• Right to Supply: The trader must have the legal right to supply the goods to you.
• Satisfactory Quality: Parts must be of satisfactory quality. This considers factors like their description, price, condition, fitness for purpose, appearance, finish, safety, durability, and freedom from minor defects. Public statements made by the trader about the goods are also taken into account.
• Fitness for Purpose: If you inform the garage that you need a part for a specific purpose (even if it's not its usual use), you have the right to expect it to be fit for that particular purpose.
• As Described: The parts supplied must match their description. For example, if you requested a specific brand of part, that's what should be fitted. If you were shown a sample, the fitted part must match the sample.

Remedies for Faulty Parts

If a part fitted by the garage is faulty:

• Short-Term Right to Reject: Within 30 days of the part being supplied, you can reject it and claim a full refund.
• Right to Repair or Replacement: Alternatively, you can ask for the faulty part to be repaired or replaced.
• Price Reduction or Final Right to Reject: If a repair or replacement is unsuccessful, or if it cannot be done within a reasonable time or without significant inconvenience, you can claim a price reduction or exercise your final right to reject the part for a refund.

It's important to note the burden of proof. Within the first six months of a part being supplied, if a fault emerges, it's generally presumed to be faulty at the time of supply, and the burden is on the trader to prove otherwise. After six months, the burden of proof shifts back to you.

Payment Protection

Your payment method can offer additional protection:

• Credit Card Payments: If you pay by credit card for work costing between £100 and £30,000, Section 75 of the Consumer Credit Act 1974 makes the credit card provider jointly liable with the trader for any breach of contract or misrepresentation.
• Debit Card Payments & Lower Value Credit Card Payments: If you pay by debit card or by credit card for amounts under £100, you may be able to use the 'chargeback' scheme. This allows your card provider to reclaim the payment from the trader's bank if you can provide evidence of a breach of contract. Check with your card provider for their specific chargeback rules and time limits.

Protecting Yourself from Unfair Practices

The Consumer Protection from Unfair Trading Regulations 2008 prohibit misleading or aggressive commercial practices. This includes charging for work not done, fitting inferior parts, or claiming old parts are new. If you believe you've been subjected to such practices, report them to the Citizens Advice consumer service.

Avoiding Payment Surcharges

Under current regulations, garages are banned from imposing surcharges for using common payment methods like credit cards, debit cards, and most e-payment services. Any attempt to charge a banned surcharge, or an excessive surcharge for other payment methods, is unenforceable. If you've paid such a surcharge, you are entitled to a refund.

Choosing a Reputable Garage

To minimise the risk of issues, it's wise to choose your garage carefully:

• Trade Associations: Look for garages that are members of reputable trade associations like the National Body Repair Association, The Motor Ombudsman, Bosch Car Service, or those accredited by Trading Standards schemes such as 'Buy with Confidence'.
• Recommendations: Ask friends, family, or colleagues for trusted recommendations.
• Specialist Knowledge: For electric or hybrid vehicles, ensure the garage has the necessary qualifications and equipment.
• Clear Information: Ensure you receive clear information on repair options and pricing before authorising work.
• Written Quotations/Estimates: Always ask for a written quotation (fixed price) or at least a detailed estimate. Consider setting a maximum spending limit before authorising additional work.
• Itemised Invoices: Insist on a detailed invoice itemising all parts, labour, and costs.
• Returning Old Parts: Request that your old parts be returned to you.
• Warranties: Check if the garage offers a guarantee or warranty on parts and labour, but remember these are in addition to your statutory consumer rights.
• Courtesy Cars: If offered a courtesy car, understand the terms and conditions.

What to Do If Things Go Wrong

Vehicle Not Repaired Properly

If a repair is not carried out with reasonable care and skill, your primary recourse is to request repeat performance. If this fails, you can seek a price reduction or a refund.

Faulty Part Fitted

You have a 30-day window to reject a faulty part for a full refund. After this, you can request a repair or replacement. If these attempts are unsuccessful, you can claim a price reduction or your final right to reject the part.

Vehicle Not Ready by Agreed Date

If no specific date was set, the work must be done within a reasonable time. If a deadline is missed, you can make 'time of the essence' by setting a new deadline. If this is also missed, you may be able to end the contract, though you might have to pay for work already completed.

Unauthorised Work

If work is carried out without your permission, you can ask for the vehicle to be returned to its original condition. This can be complex, and you may need to pay under protest and then pursue a claim for reimbursement. Seek advice from Citizens Advice before paying.

Trader Disputes Responsibility

First, complain in writing. If the garage remains unresponsive, you may need an independent engineer's report to support your claim. Consider alternative dispute resolution (ADR) or legal action. The court may appoint a single expert to assess the situation.

Repair Cost Higher Than Expected

If no price was fixed, you only need to pay a reasonable amount. If you dispute the cost, you may have to 'pay under protest' and then claim the difference back. Clearly state this in writing when paying.

Vehicle Damaged by Trader

Garages have a duty of care. If your vehicle is damaged due to their negligence, they are responsible for the repair costs or compensation.

Seeking Further Assistance

If you are unable to resolve a dispute directly with the garage, you can:

• Alternative Dispute Resolution (ADR): Many trade associations offer ADR services to help resolve complaints.
• Citizens Advice Consumer Service: For England and Wales, call 0808 223 1133. For Scotland, contact Advice Direct Scotland on 0808 164 6000. They offer free, confidential, and impartial advice.
• Legal Action: As a last resort, you can take the trader to court.

Remember, knowing your rights is your best defence against poor service and unfair practices in the automotive repair industry.