Non payment for services

[NuBeginnings]

Quick question, my tractor was playing up I called out a mobile mechanic to sort out the issue.

He diagnosed the problem as a faulty injector pump and told me there was water mixed in to the fuel.

So pump was changed and the injectors were cleaned. (Luckily I managed to get a new pump sent to me for free as the tractor is under warranted ) other wise it would have been over a €1000 just for the pump.

To cut to the chase non of what the mechanic did solved the problem.

He then tried to tell me there was something else wrong. At this point he left as it was at the end of the day.

He never returned and sent me a bill for over €800.

Tractor now fixed under manufactures warrantee for free.

The problem was not what the mobile mechanic had told me it. Thus I am refusing to pay him as he did not fix the problem. Whats my legal position as I am not going to pay.

[EuroTrash]

http://droit-finances.commentcamarche.net/faq/467-garage-et-reparations-automobiles-vos-droits-en-cas-de-litiges

though it doesn't seem to cover your exact circumstances.

However, if he didn't complete the repair he has not fulfilled his legal obligations so you certainly have some sort of a case. Have a word with the garage who fixed it?

[Chancer]

Just to confirm, the meccano fitted the pump which you furnished, he didnt have to buy it his-self? Did he supply and fit any other parts?

If not then €800 for a couple of visits seems darned steep, what was the problem finally down to Nubeginnings?

I would write to him recomandéé refusing his bill and explaining exactly the reasons why, if there were any parts involved say that you have removed them as they were not required to effect the repair and they are awaiting his collection.

The most important thing is to show the letter to as many people that you know who form the grapevine or you will get a reputation as un voyou, mind you that may happen anyway, it is easy for some people to believe that all foreigners are rich and here to exploit and rip off the hard  working French artisans, that said I think you are held in some high regard as being the proprietor of the chateau and having spent lots of money within the community, just make sure that your side of the story is known.

[NuBeginnings]

I supplied the pump.

His charges were labour and he charged for removing the injectors which he said had to be cleaned by a third party all of which were not necessary.

The manufacture diagnosed the fault as "The hydraulic pump has failed and jammed up at some point, the due to

internal engine resistance the fuel cam shaft was bend due to mechanical resistance causing the

injection timing to be off-set " This is cut and pasted from the manufactures agent that was the problem nothing to do with dirty injector or fuel pump issues.

Shan't pay won't pay !

[Chancer]

Dependant on whether it is broken down on the facture it may be prudent to pay him for his initial callout but this needs to be done in a way that prevents him still going to justice for the rest, I have just had a look through my contentieux file, its quite big, and I suspect you will end up with an equally large one, the following is the passage that I used to pay what I thought should be paid and to hopefully protect myself from further action.

Neanmoins, apres avoir réfléchi et dans l'esprit de concilitaion je vous offre un compromis:

Pour ma part j'accepterai de vous payer .............. pour ................

Pour votre part vous accepterez mon paiment pour sold de tout compte.

Translated - Nonetheless after having reflected and in the spirit of conciliation I offer you a compromise (I had previously outlined why I was not liable to pay)

On my side I will accept to pay you ................. for......................

On your side you will will accept the payment in full and final settlement of the account.

Then you need the usual hypocritical salutation

Je vous prie de croire, Monsieur à l'assurance de mes sentiments distingues (I wont tranlate it but believe me it is not what you would like to say!)

Whatever you do dont just ignore this and hope it will go away, you may well end up fighting on the back foot and look to be the guilty party, at least this way you have established a dialogue and if he doesnt reply (and trust me he probably wont) and decides to take it further the position is reversed.

Good luck, sounds like you had bad luck with the tractor but its encouraging to see that even with a grey import the manufacturer respected their obligations, I bet the French agent would not have done so of their own volition.

Editted. Now i know what had happened to the engine i will play devils advocate and try to describe the situation from his point of view.

It was a fuel pump issue, it had failed (seized) which I guess he correctly diagnosed, sending the injectors away was probably just to load up the bill but he may be able to produce something to support that decision (no doubt the people who clean them say it is essential!!). When the pump siezed it caused a secondary problem by twisting the camshaft which in turn put the injector timing out, he probably would not be aware of that untill he tried to restart it.

I think at that stage he just thought, I am fed up with this, I havnt got a clue and am fed up with dealing with the foreigner who does not accept everything I say as gospel and has the temerity to challenge me, I will just sod off and collect €800

[nomoss]

Was there water in the fuel? - i.e. did he demonstrate that to you?

[NuBeginnings]

No he did not and frankly I was extremely surprised when he told me !

[Chancer]

Sounds like he uses the same modus operandi as Stihl [;-)]

I dont know you Eengleesh!  - If you are not putting the wrong type oil in your chainsaw then you are trying to run your tractor on water [6]