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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47393
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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in November 2009 I had my 6y8month old 64 k miles jaguar rustproofed

Resolved Question:

in November 2009 I had my 6y8month old 64 k miles jaguar rustproofed professionaly at a pre-quoted price of £552 with a 5 year warranty. The car was certified corrosion free at it's jag six year inspection.The rustproofers acknowledged no rust present.Because of staff no shows they spent half the time & personal quoted, I had travelled a long way In cold & filthy weather & let them proceed. In the 4.5 years since the car has been kept in an integral garage, covered 6.5 k miles & serviced every year, about 3 months ago serious rust was found witch had to be fixed, I advised the proofers who said get the rust fixed & bring the car in & we will have a look. Inspection by body shop & garage & me have found many obvious areas un- treated, total cost will be £1100 without my work, detailed repeated emails got no response, but now a request to phone them as "It's complicated and we are on a sticky wicket" the warranty they offer is limited to reproofing. I want my money back as It didn't work & £1100 as if it had I wouldn't have the cost. What chance? Regards & thanks for you time
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. It is unlikely you will be able to get the money back and also get compensated for the work needed to repair this. The company would probably have to pay for the costs that are required to bring the car back up to standard in terms of what you paid for and if that happens then you would not be paying anything extra now but would still have paid something at the outset as after all you are having proofing work done now and if you just got paid for this work, you would have basically had it done for free, which means you will be getting a benefit for nothing, not something the courts would usually order.

Ben Jones :

So in the circumstances you can expect the original company to compensate you for the additional work that may be needed to bring the car back to what it should have been had they conducted their job properly at the outset.

Customer:

Hi Ben much as expected I suppose, however if they had done the job properly I would not have a bill for £1100 of remedial work. So the best I can expect is re proofing & no compensation ?

Ben Jones :

I agree that you would not have a bill for over £1k but the point is that you can expect the remedial work to be paid for by them - either they would have to do it or you get someone else to do it and they pay for it, but that would only cover this £1,100 - these are your only losses here. As mentioned you cannot be seen to 'profit' from this so if you got the remedial work paid for AND you received the original value of the work back, then you would have basically had the proofing work done for free and this is not how the law operates

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Sorry ben but are you suggesting I could ask/expect remedial work to be paid for & forget more re rustproofing

Ben Jones :

you can expect to be placed in the position you would have been had the work been done to a reasonable standard. So let's say you had the rustproofing work done but it was not to an acceptable standard - if that was the sole cause for the rust you have now then you can expect for them to pay for removing the rust or dealing with it in whatever way is acceptable and re-doing the original work. However you need to show there was a link between their work and the problems you have now. Otherwise you can only expect them to re-do the original work to bring it to the same standard as it should have been had it been done properly the first time round

Customer:

ok ben it sucks I get it but don't like it. you did good many thanks over & out

Ben Jones :

you are most welcome, hope this helps you to challenge it at some point if it becomes necessary. All the best

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