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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have today received a letter from solicitors regarding a

Resolved Question:

I have today received a letter from solicitors regarding a disputed outstanding debit. Early in August I requested a company to replace around 12 threads in an engine block. I did also say that maybe not all 12 would need replacing. Company agreed to do the work and tee days later replaced 3 of the threads in the block. My mechanic fitted the head on the block and 2 more threads failed. They original company offers to return ad. Replace the failed threads. They were also requested to torque test the remaining threads to ensure integrity. Wy cam repaired and again, when we replaced the head another 2 threads failed. Although the company offered to do these FOC as well I had lost confidence - they also wanted their account settling first. The threads have now been replaced by myself and the engine is back together. I have tried to reach a compromise with the company and did indeed pay £85 of their bill as a way of closing the debate. My argument is that they haven't completed the work satisfactorily and as a result incurred me in additional cost of removing and replacing the head 3 times. I thought the compromise of £85 was realistic as it ensured they would no have to come for a third visit and saved them time and money. They have now issued proceedings for the remaining £78.00 (approx) and I feel that, as said before they have not met their contract. Am I right or should I pay?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

I agree you should not pay the balance. You instructed them to do the work, they did and did not complete it to an appropriate standard.

Alex Watts :

They are in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.

Alex Watts :

As such you have paid what you feel is right and it is up to them to show they did the work correctly, to an acceptable standard and the sums are due.

Alex Watts :

The balance is only £78 - if they have legal representation it would cost them more than that./

Alex Watts :

But you can defend it on the basis above

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thank you - can I assume that if it does go to court I can then counterclaim costs of head removal, tool purchase etc to complete task?
Alex Watts :

Yes indeed you can, but if a claim has been issued you need to file a defence and counter claim at THIS stage

Alex Watts :

Does that help?

Customer: Only letters at this point, no court claim issued - or should I respond to the solicitors letter?
Alex Watts :

Yes I would set out your position above

Customer: Thank you
Alex Watts :

Can I help with anything else today?

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