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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I recently had a old land rover chassis replaced at a specialist

Resolved Question:

I recently had a old land rover chassis replaced at a specialist garage the agreed budget was £4500 for the chassis replacement and a total of 8k for all other works, I constantly stayed in touch with the garage to gather the progress of the car to find out that the final bill was 19k. Bear in mind a 2 k deposit was sent and a another 4k after been told the final bill was 12500k. The accounts said they'd made a mistake and forgot to add in there 6500k for labour.
On further discussions with trading standards they said was unacceptable however with a meeting with the garage owner we agreed to find some common ground after a few emails was decided to drop the labour charge down to £31.50ph total 198 hours.
Trading standards sent a warning letter and that's about it.
My question is he now said it failed the MOT and needs a new part with an addition of storage charges etc, Basically he's put a loaded gun to my head.
I work away offshore and overseas what rights do I have to make a case against him?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

You do have a case as they are in breach of Section 13 of the Sale and Supply of Goods and Services Act by failing to act with all reasonable skill and care.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

Hi Alex,

Customer:

Sorry if he is in breach of the sales and goods act then why couldn't Trading standards advise this they said an acceptable amount to pay was 10% either way?

Customer:

He never advised at anytime the vehicle was not fit for purpose?

Alex Watts :

I can't answer for Trading Standards - remember they are run by Citizens Advice

Alex Watts :

But in any event the law is on your side

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Hi Alex

Alex Watts :

Hi

Customer:

Had a few more questions :- 1. The trader has come back advising that he will accept payment but without duress and only have the vehicle ready if we agree to that stipulation

Customer:

2. Is it ok to drive the vehicle off the forecourt or is it better to take it away on a trailer

Customer:

as we dispute the payment etc

Customer:

if upon paying the balance amount in duress and he still doesnt allow us to take the vehicle as we have done so under duress what are our rights ? Can we still take the vehicle and get the local police involved.

Alex Watts :

Its a matter for you whether or not you drive it off.

Alex Watts :

If he makes you pay under duress make sure its on a credit card as they will be jointly liable

Customer:

No we are saying that we are paying under duress as he went over the budget of 8k

Alex Watts :

Yes indeed, I would agree.

Alex Watts :

The budget and contract was £8k

Alex Watts :

That was agreed

Alex Watts :

He should NOT have gone over it

Customer:

the final balance after further discount was £15,124 so balance to pay is £9,124

Alex Watts :

As I said they are in breach of Section 13

Customer:

He's now been in touch and telling me he wants me to sign a documnet to say it's not under duress but it is

Alex Watts :

Well I would not agree to that.

Alex Watts :

Or say its without prejudice to your position

Customer:

That's why we need to know what to do if he refuses to let the vehicle go

Alex Watts :

If he refuses then you need to seek a Court order that he delivers up the goods.

Alex Watts :

Its the same process with form N1 etc

Alex Watts :

But you are asking the Court for an order or 'delivery up'

Customer:

as in if we pay the balance before we arrive so it's in his account then we can just drive off in the vehicle if he refuses to let us go the do we call the police and class it as theft

Alex Watts :

Well that would be hard, because it may be considered a civil matter

Customer:

Thats what trading standards said to do and that they'd speak to him also?

Alex Watts :

Yes.

Alex Watts :

But try the Police and if not successful you will need a Court order

Customer:

He's spoken to a solicitor and now has completely changed his story and started saying things that are completely untrue so basically trying to lie about the last six months it's doesn't worry me as I know he'll make a fool of himself in front of a judge as the trading standards said it's very clear from my emails that I've always stressed about the budget that we are working too

Alex Watts :

Ok -you sound like you will need to get a Court order then

Alex Watts :

But use the process I described earlier on

Customer:

He's also now saying that I gave them an open budget and calling me and my family a liars also with the last meeting he admitted they'd made a mistake in front of my wife and son,

Customer:

what an N1 form?

Alex Watts :

Did you not read my earlier response?

Alex Watts :

Its form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Take it to Court

Alex Watts :

The Court will send a copy to the other side

Alex Watts :

The Court will then list the matter for hearing and decide whether to make an order to deliver up

Alex Watts :

That's it really

Customer:

My question is I can't see how he's spent 6k on parts and would have to accept it on face value can I take it to another garage to get them to verify to see if he has installed all the parts?

Alex Watts :

I agree.

Alex Watts :

That is why he is in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982

Customer:

okay thank you Aalex

Customer:

sorry Alex

Alex Watts :

Does that help?

Alex Watts :

No, thats ok. I just need to make sure you understand

Customer:

Yes, do I have to file for the N1 first or try paying him and collecting the vehicle then filing my case to recover the costs

Alex Watts :

Yes that is correct

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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