Counsel (Samuel) advised a client whose Audi underwent engine repairs in early 2024 and who alleges subsequent faults attributable to that work. The vehicle returned to the same garage in November 2024; the garage carried out further works, claimed an outstanding balance, applied storage charges and refused release pending payment. The client instructed Counsel seeking a refund, return for independent inspection and damages; the garage threatened counterclaims for unpaid invoices, repair costs, storage fees and harassment.
Whether the initial repair was performed with reasonable care and skill and, if not, whether repeat performance or a refund is due under the Consumer Rights Act 2015.
Causation given intervening repairs and subsequent payments; existence and terms of any later contract for further works.
Enforceability of storage charges and risk of the garage’s counterclaims and harassment allegation.
Preserve and produce all invoices, payment evidence, correspondence and diagnostic reports.
Seek written particulars of the garage’s claimed charges and propose an independent neutral inspection and test drive to determine causation and quantum.
Prefer negotiation or expert-led resolution given contested causation and likely litigation costs; if litigation proceeds, plead CRA remedies and challenge storage charges and any unsupported counterclaim.
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