Garage Claiming Tune has a damaged engine after headgasket and timing chain replacement.

[Bluepower]

What damage is said the engine has that it needs a new engine? Valves hit the pistons?
Have someone stick a boroscope in the cylinders to look for any signs of piston-valve contact. Have them verify the timing is correct, do a compression test and leakdown test and check the fuel pressure.
As said before: the mechanic at the 1st shop messed up, doesn't know where to look for and starts trowing random new parts at it... proper diagnosing is key here.
Prepare to go to court (or at least have a lawyer on standby....)

 

[Shuman]

So they have finally come back. Not with any evidence — no reports of the damage — but they have doubled down on the ECU being the cause of the damage.

I did agree on the phone at the time for the work to be done, as I was under the misguided belief that what they were telling me was true. After having it on the forums for people to reply and speaking to other technicians, I can now see this is false. I did make a phone call shortly after to tell them to hold off on the work, but they are trying to exclude this by picking and choosing what benefits them.

My issue now is that they are threatening with a daily charge for holding the car, which is absurd, as they are trying to push me to pay. Still no evidence or information about what has actually happened.

The worst part is it is a copy-and-paste letter, as they cannot even be bothered to replace the inserted amount and insert name fields. Just pure neglect and bullying.

I appreciate all the replies so far, as they give me a lot of confidence that I can progress this to court and claim back the money if I were to pay under protest.

Thank you for your responses.

---

Their response in full:


To ensure absolute clarity regarding the legal and contractual position of this matter, we must reject any assertion that this work was carried out without a clear, mutual agreement.


Following the diagnosis of the initial engine issues and the discussion regarding the undisclosed ECU remap, you explicitly authorised [name removed] to source and fit a replacement engine unit at the agreed fixed cost of £5,000.


Please be advised that this conversation and your explicit verbal instructions to proceed with the work were fully captured on our secure, GDPR-compliant digital telephone recording system. We do not undertake major component replacements of this scale without verifiable customer authorisation, which we hold on file.


Relying entirely upon that legally binding verbal contract, we purchased the engine, dedicated workshop resources, and completed the installation. The vehicle is now fully repaired, tested, and ready for collection.


Our position is therefore as follows:

1. Outstanding Balance: The agreed sum of £5,000 is now due. In accordance with standard automotive contract law, [name removed] is exercising a particular lien over vehicle [reg removed]. The vehicle will not be released under any circumstances until the outstanding invoice is settled in full.
2. Alternative Dispute Resolution (ADR): If you wish to escalate this to our ADR provider, [Insert Name, e.g., The Motor Ombudsman], we are entirely satisfied to submit our internal job logs, parts invoices, and the conclusive audio recordings of your authorisation to an independent arbitrator or a County Court judge.
3. Storage Charges: The vehicle is ready for collection today. If payment is not received and the vehicle is not collected within 7 days, a daily storage charge of £[Insert Amount, e.g., 25.00] + VAT will be automatically applied to the final invoice.

 

[mty12345]

If you're in the UK then see here. https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-car-repair/

You can "pay under protest" so get the car back and avoid storage fees, but continue with action against them. Probably best to contact citizens advice themselves and see what they say.

 

[Shuman]

If you're in the UK then see here. https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-car-repair/

You can "pay under protest" so get the car back and avoid storage fees, but continue with action against them. Probably best to contact citizens advice themselves and see what they say.

Cheers @mty12345. Already spoken to them and given me some good advice.

Luckily, I've now got in contact with a solicitor who is going to help me.

Just wanted to keep the thread updated to get some more evidence that an ECU remap would not be the cause of the engine damage. The more evidence I can build up will weigh in my favour in small claims.

I will also be going to garages to get their own thoughts on this if they are willing to help build my case.

Hopefully this thread can also be a lesson for anyone else that may have this issue.

 

[SouthernSeat]

I don't have much to add but it looks like your doing a great job building a case against them so I hope you get the right outcome.

You probably already know this, but If you do decide to pay under protest as mentioned above, then definitely use a credit card as they might be able to help you under section 75.

 

[Shuman]

I don't have much to add but it looks like your doing a great job building a case against them so I hope you get the right outcome.

You probably already know this, but If you do decide to pay under protest as mentioned above, then definitely use a credit card as they might be able to help you under section 75.

I appreciate the kind words @SouthernSeat.

Unfortunately, I don't have a credit card allowance for the full amount, due to not using it and always paying with my own money when I can.

The only time saving my money and only spending what I have has come back to bite me in the ass! But at least I can get some on the credit card.

 

[Shuman]

Finally got a more detailed response today.

During disassembly and diagnostic evaluation, it became apparent that the engine had suffered severe internal failures linked directly to high-thermal load parameters. A diagnostic sweep revealed a highly aggressive, non-factory aftermarket ECU software modification ("remap").

While the Claimant asserts this had "no bearing," it is a matter of engineering fact that altered boost and fuelling parameters on the VAG EA888 engine significantly accelerate component wear, timing chain elongation, and head gasket failure. The failure of the engine block was a consequence of these extreme structural stresses, not workshop error.

 

[James_R]

Their responses look like AI compiled nonsense designed to scare you off.

No normal, run of the mill service and repair garage has the capacity to read an ECU file, interpret the data and judge that the software is aggressive. Any garage with the equipment and experience to make that call will also know that a stage 1 tune on an EA.888 engine won't ruin it unless the tune is dreadful (you wouldn't have got 12 months out of it, the turbo usually grenades itself). The EA.888 is regarded as one of the best engines in standard form and for tuning, I can count on one hand the instances of head gasket failure or significant mechanical failure that I've encountered in 22 years working on them, that includes standard and modified.

If they found "severe internal failures" at the point of stripping the engine, then why the hell did they continue to rebuild it in the first place?

Now they're saying the engine block is the cause of the issues they have encountered after they worked on the car? It started and ran before they touched it, so why won't it start again now?

If the head gasket failed, once the head was off, it should have been pressure checked by an engineering shop then skimmed. The block face should have been checked for flatness along with the condition of the bores and pistons. Failure to carry out any of those tasks shows a complete lack of due diligence on their part.

I'm sure I said it earlier on in this thread, but it sounds like they took on a job that was too much for them to cope with, made a mess of it and now they're trying to worm their way out of it and using the likes of ChatGPT to help.

 

[Shuman]

Their responses look like AI compiled nonsense designed to scare you off.

No normal, run of the mill service and repair garage has the capacity to read an ECU file, interpret the data and judge that the software is aggressive. Any garage with the equipment and experience to make that call will also know that a stage 1 tune on an EA.888 engine won't ruin it unless the tune is dreadful (you wouldn't have got 12 months out of it, the turbo usually grenades itself). The EA.888 is regarded as one of the best engines in standard form and for tuning, I can count on one hand the instances of head gasket failure or significant mechanical failure that I've encountered in 22 years working on them, that includes standard and modified.

If they found "severe internal failures" at the point of stripping the engine, then why the hell did they continue to rebuild it in the first place?

Now they're saying the engine block is the cause of the issues they have encountered after they worked on the car? It started and ran before they touched it, so why won't it start again now?

If the head gasket failed, once the head was off, it should have been pressure checked by an engineering shop then skimmed. The block face should have been checked for flatness along with the condition of the bores and pistons. Failure to carry out any of those tasks shows a complete lack of due diligence on their part.

I'm sure I said it earlier on in this thread, but it sounds like they took on a job that was too much for them to cope with, made a mess of it and now they're trying to worm their way out of it and using the likes of ChatGPT to help.

Exactly, I think that is my main point of argument. If the car had any damage before it went in, like:

• Warped cylinder head
• Damaged piston

or anything else, then surely my car would flag up this issue or go into limp mode to protect itself? I wouldn't have been able to drive it, running perfectly fine.

Luckily, I took it to a garage a week before for a second opinion, so I should be able to get a report from them saying they didn't find any issues with the car apart from the head gasket.

 

[cuthound]

I appreciate the kind words @SouthernSeat.

Unfortunately, I don't have a credit card allowance for the full amount, due to not using it and always paying with my own money when I can.

The only time saving my money and only spending what I have has come back to bite me in the ass! But at least I can get some on the credit card.

You don't have to pay the full amount by credit card, you can get Section 75 protection by paying any amount more than £100. I would pay say £200 by credit card and the rest by bank transfer.

 

[Shuman]

You don't have to pay the full amount by credit card, you can get Section 75 protection by paying any amount more than £100. I would pay say £200 by credit card and the rest by bank transfer.

Yeah, I read up on it, and while it is true. Some credit card providers argue that split payments reduce or complicate the Section 75 claim. I would just need to get in contact with my bank and see what the crack would be.

Still safer just paying what I can on credit, I guess. Shouldn't make any difference if I pay the card off after a few days

 

[mty12345]

Their responses look like AI compiled nonsense designed to scare you off.

No normal, run of the mill service and repair garage has the capacity to read an ECU file, interpret the data and judge that the software is aggressive. Any garage with the equipment and experience to make that call will also know that a stage 1 tune on an EA.888 engine won't ruin it unless the tune is dreadful (you wouldn't have got 12 months out of it, the turbo usually grenades itself). The EA.888 is regarded as one of the best engines in standard form and for tuning, I can count on one hand the instances of head gasket failure or significant mechanical failure that I've encountered in 22 years working on them, that includes standard and modified.

If they found "severe internal failures" at the point of stripping the engine, then why the hell did they continue to rebuild it in the first place?

Now they're saying the engine block is the cause of the issues they have encountered after they worked on the car? It started and ran before they touched it, so why won't it start again now?

If the head gasket failed, once the head was off, it should have been pressure checked by an engineering shop then skimmed. The block face should have been checked for flatness along with the condition of the bores and pistons. Failure to carry out any of those tasks shows a complete lack of due diligence on their part.

I'm sure I said it earlier on in this thread, but it sounds like they took on a job that was too much for them to cope with, made a mess of it and now they're trying to worm their way out of it and using the likes of ChatGPT to help.

I 100% agree with everything here. The idea that they could read and interpret the file is laughable!

 

[Pinky]

A thought. Is this garage a member of any trade organisation ?

 

[Pinky]

Yeah, I read up on it, and while it is true. Some credit card providers argue that split payments reduce or complicate the Section 75 claim. I would just need to get in contact with my bank and see what the crack would be.

Still safer just paying what I can on credit, I guess. Shouldn't make any difference if I pay the card off after a few days

Read the CCA ?

 

[Shuman]

A thought. Is this garage a member of any trade organisation ?

This is what I got back after asking for the ADR. Is a trade organisation different to an adr? If so I can't find anything on either.

1. Alternative Dispute Resolution (ADR): If you wish to escalate this to our ADR provider, [Insert Name, e.g., The Motor Ombudsman], we are entirely satisfied to submit our internal job logs, parts invoices, and the conclusive audio recordings of your authorisation to an independent arbitrator or a County Court judge.

One thing I did find on an invoice from last year is AA approved and RAC approved. I checked both of the aa and rac approved garages, and they didn't show up so this could possibly be another thing to bring up, but I'm not too knowledgeable about this and would need to research it.

Currently hoping to pay in protest tomorrow if they can supply the documents due to the storage charge they are trying to intimidate me with.

You can see they can't even be bothered to replace the placeholder with the correct information so it just looks terrible on their part

 

[mty12345]

This is what I got back after asking for the ADR. Is a trade organisation different to an adr? If so I can't find anything on either.

1. Alternative Dispute Resolution (ADR): If you wish to escalate this to our ADR provider, [Insert Name, e.g., The Motor Ombudsman], we are entirely satisfied to submit our internal job logs, parts invoices, and the conclusive audio recordings of your authorisation to an independent arbitrator or a County Court judge.

One thing I did find on an invoice from last year is AA approved and RAC approved. I checked both of the aa and rac approved garages, and they didn't show up so this could possibly be another thing to bring up, but I'm not too knowledgeable about this and would need to research it.

Currently hoping to pay in protest tomorrow if they can supply the documents due to the storage charge they are trying to intimidate me with.

You can see they can't even be bothered to replace the placeholder with the correct information so it just looks terrible on their part

I would seek legal advice before you pay or agree to anything. Seems highly unlikely they would have AA and RAC approval, so yeah if they are lying about that then that adds weight to your case.

 

[Shuman]

I would seek legal advice before you pay or agree to anything. Seems highly unlikely they would have AA and RAC approval, so yeah if they are lying about that then that adds weight to your case.

All paid today, and got the car back.

I paid under protest due to duress from the storage fees, which will let me chase it further once I can build up enough evidence to feel confident taking it to small claims.

On holiday tomorrow for 2 weeks, so couldn't risk the storage fees while being on holiday.

At least I can kick back in the sun and relax on my holiday now.

Thank you, everyone, for the advice and support; you have all been amazing. Great to see a community of people coming together to support someone. I owe you all a pint!

 

[mty12345]

All paid today, and got the car back.

I paid under protest due to duress from the storage fees, which will let me chase it further once I can build up enough evidence to feel confident taking it to small claims.

On holiday tomorrow for 2 weeks, so couldn't risk the storage fees while being on holiday.

At least I can kick back in the sun and relax on my holiday now.

Thank you, everyone, for the advice and support; you have all been amazing. Great to see a community of people coming together to support someone. I owe you all a pint!

Good work, glad you've got it back!

Enjoy your holiday mate!