Law-Forums.org

[jarel]

I have just had my car MOT'd and it failed due to emissions as the catalytic convertor was allegedlly faulty. I am taking issue over this however with manufacturer. When i asked for the faulty part from the garage that carried out the work i was told i could only have it if i paid £110 for it as there was a surcharge !? The replacement part cost me over £300 and with fitting in the region of £500 total. I could not afford to pay that extra amount so i have no evidence now for independant check to be made. As far as i am concerned the faulty part was mine as part of the car when i purchased it, can the garage now refuse to give it to me or do i have to pay ?

[iden]

The converter is your property if they refuse to hand it over they are committing theft - you should go back to them and get your phone out - tell them you are calling the police, reporting a theft. This will do the trick. You have absolute total right to your property. perhaps there was nothing wrong wit the converter so they are withholding it to stop you proving that.
Also tell them you are reporting them to Trading Standards.
If you are not firm and do not deal with this in a matter of fact manner you will not achieve what you want to happen.
I agree with Foxy - you take a car to have work done which you request - nothing more - therefore the surcharge does not come into it. You can not be surcharged for having a common "repair" done at your request.

[spengler]

That is disgraceful behaviour by a dodgy garage. That part is YOURS, and it belongs to you as it was fitted to YOUR car in the 1st place.

Now, if they changed that part (at all), they will sell the old item as scrap and it contains platinum which is a very expensive precious metal. I would contact Trading Standards ASAP, and get some free advice. Surcharge for wanting you OWN item back? Disgusting! Never heard of such a thing.

[cumhea]

The Garage gets a price for these as theres precious metal inside them so yes this is their right to hold the item as surchargeable

[delton]

The converter was fitted to your car, therefore it is your property to do what you wish with it, the garage has no title to it whatsoever and if they refuse to give it to you, or refuse to pay YOU a reasonable price for it, it is theft.

However, if they told you BEFORE the work was carried out that a £110 surcharge was applicable because the converter is an exchange item, then the surcharge (or allowance) is part of the contract you have with them, so you either stump up the £110 and get the converter back or let them keep it.

But, years in the industry would prompt me to think, maybe they have not replaced it, have you seen the new one installed? Perhaps they can't give you the old one because it's still fixed to your car and don't have it to give! If this is the case Trading Standards and the Vehicle Inspectorate will have a close interest in your complaint.

If they have disposed of the converter knowing your concerns, or sent it for refurbishment all that remains is for you to negotiate a mutually agreeable value for your converter and knock it off your bill.

Whatever route you choose to take do not go in making accusations with all barrels blazing, remain calm and factual, they may be acting in your best interests, so get the facts and act on those not your emotions.