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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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a price was agreed between my son and a friend to do work on

Customer Question

a price was agreed between my son and a friend to do work on his car engine-this verbal agreement was witnessed by other friends who also witnessed the money exchanging hands.Now that the work is nearing completion , petrol money has been requested so that an additional piece of work can be done-my son agreed a price for the work but no mention of additional costs had been made.My son then stated as he was not prepared to pay the petrol costs he did not want this extra work doing and asked for his engine back.This has been refused as the "friend "is now working out a bill for full payment of all his time and costs.I always thought that if a price was agreed unless extras were mentioned in the first place the initial cost should stand?He has yet to come back with a costing and is refusing to hand back the engine-can he do this?What rights does my son have for obtaining his possessions back-This other chap is now accusing my son of harassing him for trying to get his things back!
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

You're absolutely right - if you agree a price for work to be done - that's it, you have to stick to it.

Max Lowry :

The other chap cannot simply say "well I'm going to add up my time then and charge you that".

Max Lowry :

If there is an agreement for a fixed price that must stand.

Max Lowry :

Unfortunately, it means having to go to the county court to get the engine back though if the other guy doesn't see sense and hand it back upon payment of the agreed fee.

Max Lowry :

But the very issue of a claim for might be enough to make that happen.

JACUSTOMER-o0e8va0y- :

He was also given the money upfront for the job so I do believe the offer of £200 to be fair just to get it back-he appears however to have taken this as confirming we accept more money is due!Both my son and myself have retained the messages and this was not the case but a goodwill gesture!Sio if he continues to refuse to give the engine back do we therefore have to get full representation to go to court?

Max Lowry :

You would need to issue a claim if he keeps refusing. You wouldn't need to be represented, just do it yourself online. www.moneyclaim.gov.uk

Max Lowry :

It's small claims court work - which means it's really simple and very informal.

JACUSTOMER-o0e8va0y- :

but on a personal note can he go to the police and say that my son is harassing him when all he has been doing is texting him to try to get his engine back-my son may have been direct and forthright but has not threatened him-if this chap felt so aggrieved I wonder why he has not blocked his number-it is so easily done is it not???i

Max Lowry :

He can do that - it's not to say they will take much notice. To be honest, in theory, if your son does it too much there is a risk the police might take an interest and give him a warning, but at that point, (or preferably before!) he needs to issue Court proceedings.

Max Lowry :

The best thing to do - issue a claim, I expect he might just sort it out sensibly then.

Max Lowry :

Does this answer your question?

JACUSTOMER-o0e8va0y- :

Yes thanks but can I also add the other chap HAS been threatening in his messages to my son and also to a dregree to me-and lying-so I do believe the best action is as you say?Do you agree?

Max Lowry :

Yes, I agree it's the best action to take.

Max Lowry :

I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out.

Please do remember to rate my answer as highly as you can for me. Thank you.

JACUSTOMER-o0e8va0y- :

you advised me to contact www.moneyclaim.gov.uk-this appears to relate to money issues only-it is the return of my sons engine we require-this is an incorrect website-please advise further/ Anne

JACUSTOMER-o0e8va0y- :

please respond to my final question asap please

Max Lowry :

Sorry - I thought you wanted to make a money claim. Okay, if you're looking for an order that the engine itself should be returned, then you need to issue that claim in the Northampton (CCMCC) Court Centre. The Claim Form needs to ask for an order that the engine be returned.

Max Lowry :

The address for the Northampton (CCMCC) County Court is:

Salford Business Centre

P.O. Box 527

Salford Greater Manchester

England

M5 0BY

Max Lowry :

Does this answer your question?

Max Lowry :

The Claim Form, incidentally, is an N1 Claim form, available here: http://www.justice.gov.uk/courts/procedure-rules/civil/forms

JACUSTOMER-o0e8va0y- :

why Northampton when we live in gosport Hampshire?

Max Lowry : All claims are now issued initially through Northampton. They only get transferred to other courts once a defence has been filed.
Max Lowry :

Please do remember to rate my answer, and if you need more general information in the future, do just let me know, and I'd be more that happy to try and answer your questions.

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