Disaster!!

[audiman]

If you were buying this car and knew this history, would you pay the same?

Honestly....?

This is the downfall of every forum

[vonbeck]

gutted for you mate as in the previous post`s a first class repair is as good as new, but at the end of the day its how you feel driving it, hope you get it sorted to your complete satisfaction

[s2carlo]

This is why I take my S2 to a place where it doesn't stand out in the rest of the crowded garage.
Did this after I got a speeding ticket (by mail) dated when the car was being serviced @ my previous garage! Guess I was lucky.

Good luck in sorting things out!

[GazzaG60]

the s2 doesn't stand out really at all. its a plain audi 80 with a better engine and running gear. the RS4 is a lot more "public"

lots of people who are into cars dont realise its potentially fast.

either way one should be safe leaving a car wherever they like. i have used a nissan dealer before who were good. also a small independent.

[neebover]

Hi Chris,

Have just text ya re. S2 but anyway that's a shocking story, scandelous and really dont know what to say.. keep us posted! Devastating!

Chris.

[dest]

What a nightmare!
I read a couple of years ago about a similar thing, the garage ended up with a huge payout.

I NEVER leave my car at any garage apart from one, which I have 100% trust for.
Any others I will not even entertain or book unless I know I have the time to wait with the car.
I remember booking my Cosworth in to get a new alarm, when I arrived he said I couldnt wait, so I told him to forget it and drove off.

[panzerwagen]

Having experienced something like this myself....

I can tell you right off that lawyers and much time will be involved. Much BS will also be used before you even see any money. They will use every dirty trick in the book to get themselves out from underneath this... even to the point of blaming you for owning an unsafe vehicle. They will say...you had an unsafe or non-working brakes on the car..or the suspension was not in first class condition and something broke underneath to cause the loss of control of the car..etc. etc. etc. Be prepared!
And most of all, get a good legal consul....you are going to need it. I'm sorry but that is the way it is.

[istoo]

Terrible hearing this... i have a mate who is a tester, they only do test drives if they have worked on brakes/ suspension to be sure the car is safe/ problem fixed.

[dubmeister]

Very sorry to hear this
I'm a tester myself and some of the testers i know i wouldn't let push a pram!!
If the vehicle was not logged on for a test, he's fooked.
If it was, the procedure for testing with a tapley or equivilent decelerometer is here:
http://www.motuk.co.uk/manual_370.htm Scroll down to part B : Decelerometer Test. and note the speed you test at.

The guy and possibly the garage will lose their testing status, as they work on a points system.
Then the Police will be involved for TWOC and dangerous driving.

I prefer testing cars when the owner is present, makes life much easier as you can explain any defects or advisories found and cannot be accused of any damage/problems found with the car, If some cars left for test with the customer not present, have body or other signs of obvious damage i take pictures now before i test the car to protect by own ****- and you do get people who try it on deliberately.
Hope you nail the fooker to the wall, and get it all sorted as soon as.
Not all testers are c*nts, there are a few of us that have respect for other peoples property.

[S2Coupe_Nic]

I told my cousin about your story and asked for some advice. She is a barrister who deals with a lot of insurance claims etc.

She wrote back with this, hope it helps:

Re your friend, there is a difference between a civil action and a criminal action. If he reports the matter to the police they can prosecute for TWOC or criminal damage, however your friend would be unlikely to recover his losses this way. In a civil action in the county court your friend could start this himself against the garage and the individual who damaged the car. In civil law you can recover any financial losses to you if someone damages your property. The garage should have insurance and will be liable for the actions of the employee unless he was acting on what is called 'a frolic of his own'. Your friend could claim the cost of the car and any other costs associated with the loss such as having to rent a car or take taxis.

Your friend could do this claim himself by issuing a county court small claim (assuming the losses claimed are under £5k). This is fairly easy to do, but he should make sure that in addition to setting out what happened in terms of facts, he also states that the garage and/or the individual employee were in breach of contract and/or acted negligently in damaging the car. You are better placed than me to know if a test drive is necessary for an MOT!

Nic

[mallster]

Hi folks, would just like to thank you all for the comments and advice, here is the latest......
As the car was not logged in for the m.o.t basically the guy/garage are screwed!! due to the farmer who was driving the tractor seen the accident and can put the driver at the scene and he also called the police who to witnessed him at the scene he has been charged with taking without consent and dangerous driving which is fine but it wont get that particular car back to me in the condition it was when it arrived there,
i have spoken to the garage owner and he has given me in writing that my car due to the condition and mileage cannot be easily replaced,
he has offered my a blank cheque to find a replacement in today's equivelent,
to be totally honest i think it very good of the owner to do this as he does not want his buisines tarnished due to a disrespectful **** whom i my add has been relieved of his duties!!!
I have not made my decision on this as yet but considering the fact i work away from home and may not have the time to carry out court proceedings i do think it is a fast fix for both of us.
I have read some good advice from you guys and would love your input on this,
Thanks again folks
p.s
too the p.m's i have had regarding to what garage it was, please understand i am not a malicious person and will not have what is a reputable garage put to shame over a young boy racer who just seen an RS4 badge!!!

[Sonic]

That's pretty decent of you after what they did to your car, you have more restraint than the rest of us i'm sure!

I think one of these would be in order

http://pistonheads.com/sales/1446380.htm

[mallster]

The frame of mind i am in at the moment is i just want my baby back!! but yes sonic i see what you are saying mate!!

[Jamo]

Hi folks, would just like to thank you all for the comments and advice, here is the latest......
As the car was not logged in for the m.o.t basically the guy/garage are screwed!! due to the farmer who was driving the tractor seen the accident and can put the driver at the scene and he also called the police who to witnessed him at the scene he has been charged with taking without consent and dangerous driving which is fine but it wont get that particular car back to me in the condition it was when it arrived there,
i have spoken to the garage owner and he has given me in writing that my car due to the condition and mileage cannot be easily replaced,
he has offered my a blank cheque to find a replacement in today's equivelent,
to be totally honest i think it very good of the owner to do this as he does not want his buisines tarnished due to a disrespectful **** whom i my add has been relieved of his duties!!!
I have not made my decision on this as yet but considering the fact i work away from home and may not have the time to carry out court proceedings i do think it is a fast fix for both of us.
I have read some good advice from you guys and would love your input on this,
Thanks again folks
p.s
too the p.m's i have had regarding to what garage it was, please understand i am not a malicious person and will not have what is a reputable garage put to shame over a young boy racer who just seen an RS4 badge!!!

That is a cracking offer really as it will save time and more importantly stress of dealing with legal side of things.

I must say you have been very dignified throughout this, is you middle name Job?

[madpugger]

Hi folks, would just like to thank you all for the comments and advice, here is the latest......
As the car was not logged in for the m.o.t basically the guy/garage are screwed!! due to the farmer who was driving the tractor seen the accident and can put the driver at the scene and he also called the police who to witnessed him at the scene he has been charged with taking without consent and dangerous driving which is fine but it wont get that particular car back to me in the condition it was when it arrived there,
i have spoken to the garage owner and he has given me in writing that my car due to the condition and mileage cannot be easily replaced,
he has offered my a blank cheque to find a replacement in today's equivelent,
to be totally honest i think it very good of the owner to do this as he does not want his buisines tarnished due to a disrespectful **** whom i my add has been relieved of his duties!!!
I have not made my decision on this as yet but considering the fact i work away from home and may not have the time to carry out court proceedings i do think it is a fast fix for both of us.
I have read some good advice from you guys and would love your input on this,
Thanks again folks
p.s
too the p.m's i have had regarding to what garage it was, please understand i am not a malicious person and will not have what is a reputable garage put to shame over a young boy racer who just seen an RS4 badge!!!

For me your last paragraph sums up what you want. I personally think that the owner has done the right thing and I would be happy with that. Much as it may seem nice to go after them for all you can, what would it really achieve? It has been said before that we are getting more and more like the US for suing!

Maybe as wasy of an appology you could suggest that he pays for a year insurance etc for your hassle, but at the end of the day, the d1ck that actually took your car will lose his license and has lost his job, and you will get your car replaced. I would be happy with that outcome.