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Alex J.
Alex J., Solicitor
Category: Law
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Experience:  Solicitors 2 years plus PQE
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Contract law..compensation claim. I arranged uk based

Resolved Question:

contract law..compensation claim.
I arranged for a uk based specialist motorcycle company to take delivery of a motorcycle combination I purchased on e -bay ,remove the existing LHS sidecar, supply and fit a new RHS sidecar and service the machine prior to me collecting it to take to my home in Finland.
It was agreed both verbally and in writing that the Company would invoice me once the work had been completed and the machine ready for collection.
They received the machine in December 2014, and invoiced me in late March 2015 ,two separate invoices ,one for the sidecar work, the second for the servicing of the motorcycle. I paid these by return and advised I would be driving from Finland to collect the machine on the 29th April,receiving written confimation that it would be ready.
On arrival in the UK on 24th April I received an e-mail stating they were having problems with the service on the bike, having only started it two days previously.
Following various discussions I visited their works on the 29th, to find the new sidecar hadn't been wired in, the cable was still loose,and the bike had not been serviced and did not run. It was apparent they didn't have much idea of what they were doing , suggesting I take it back to Finland and get it finished there, or with another UK specialist.
I took the machine to a UK specialist who advised that the wiring loom on the bike had been cut into and damaged ,and it was left there for repair.I returned to Finland towing an empty trailer.
I have direct expenses of £1050.00 relating to fuel, ferry and toll charges incurred in the return trip from Finland to the UK which was specifically made to collect the completed motorcycle .
Given that the agreement was for invoicing to be done once the work had been completed, and the Company confirmed the bike was ready...can I make a claim for the expenses, for breach of contract ??
Rgds Phil lawton
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
1. The Law:
- When anyone provides you with a service they are subject to the implied terms under the Supply of Goods and Services Act 1982;
- S.13 of the 1982 Act states that all services must be provided with reasonable care and skill;
- S.13 is an implied contractual term.
2. The facts
- Not only have this company not even completed the service, they have done it without care and skill and have subsequently just given up;
- They are potentially in breach for the poor workmanship and not even providing the service.
3. The remedy;
- Breaches of contract and implied terms under the 1982 Act can result in a claim for damages;
- The damages that can be claimed are all those items that are a naturally occurring consequence of the breach;
- I think you would have grounds to reclaim (i) Any service you have paid for and not actually received and (ii) Your costs associated with repairing and remedying their fault work;
- As they suggested you back to Finland I think you could therefore justify your wasted delivery costs plus any additional repair costs from their faulty work.
- You should write to them first and ask if they will compensate you - if they do not response you can either:
(i) Start a Money Claim https://www.moneyclaim.gov.uk/
(ii) Report them to Trading Standards www.tradingstandards.gov.uk/
I look forward to hearing from you.
Kind regards
AJ
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