part not fit for purpose

[scotlad]

could anyone help me here. i recently had problems with my locking system on ford transit work van. the garage told me that it was the barrel in the door and replaced that. it still doesn't work correctly and keeps locking me in the van out the van even without using the fob. they then said try new battery in fob which has been done but this problem is the same before any works were carried out. they have now sent an invoice for 495.00 to be paid. i refuse to pay as nothing has been fixed. they say they will remove new barrel and put old back in but will charge me for labour on this also.
this surely isn't correct practice as this part isn't fit for purpose. they also advise me to now see an electrics mechanic.
any advice on my rights or how to go about this greatly appreciated.
many thanks.

 

[HERTS P&D]

Try posting in this forum:

http://fordtransit.org/forum/index.php?sid=ce4ddaf773e3503392b1791ddd18abd7

Andy

 

[Inky Pete]

If you contracted with them to change the lock barrel (even if that was what they advised you might fix the problem) then that's what they've done and the invoice is valid.

If you contracted with them to just "fix the problem" then they have failed to fulfil their part, so it isn't.

Legally it depends on exactly what was said and agreed when you booked it in, and what was written on the job sheet as a result. There's a big difference in law between a job sheet signed by the customer which says "replace lock barrel", and one which says "diagnose problem with locking system and report results to customer for authorisation to proceed".

That's why it's always best to say that you want the problem diagnosing and a report of the results, and then you'll take a decision on the fix. It means they can charge you for the diagnostic work - but means you don't pay for a failed fix which you've requested based on a chat with the service manager.

 

[scotlad]

thanks for replies. nothing was signed service manager said ford recommended that was problem and that would fix it, which clearly hasn't yet ive still to pay for it!!!!

 

[mattylad]

So you accepted their advice & suggestion, their advice was wrong.
It has not fixed the problem like they said it would.

I too would not be paying this, certainly NOT at that price.

What's a barrel cost? £20-30 and an hours labour - certainly not nearly £500

 

[pipex36]

Hi Scotlad

I am not 100% certain but I thing that your problem may be covered by 'The Law of Tort'
ie A body of rights, obligations, and remedies that is applied by courts in civil proceedings.
Three elements must be established in every tort action;
First, the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion. Ie fix the car lock
Second, the plaintiff must demonstrate that the defendant breached this duty by failing to conform his or her behavior accordingly. ie used threatening behaviour so causing distress.Third, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach. ie loss of earnings due to being locked out of the car.

 

[snico]

Did you take it to Ford dealer garage, or independant.

If it was a Ford garage, they would not replace it without checking or diagnosing the problem, in that case send a copy of the invoice back and tell them you will see them in court. Also, Fords would not tell you to go see an electro mechanic, they have their own, and they are pretty good to be honest.

If everything you say in your post is true, then dont worry about it, and dont pay anything.