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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I had a new tire fitted around 2 months ago, on the weekend

Resolved Question:

I had a new tire fitted around 2 months ago, on the weekend the car started rattling and on managing to get it to a local tire centre it was found two of the four bolts on the wheel had come off
Completely and the wheel
Was close to coming off itself. Which was terrifying. We were not told to get this checked and assumed as a straightforward job there would be no follow up necessary; the wheel
Hub was also damaged costing us in all £400 to repair... the original company will not accept any responsibility for this dangerous error. It does say on their invoice (which required no signature or acknowledgement) that if wheels
Have been removed they should be checked before 100 miles but I didn't think garages needed to remove wheels to fit new tires and this was definitely not mentioned to me at the time. I have never heard this 'get out clause' before. Any advice?
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Did you return the car to another tire fitter or the same one please?
Customer: replied 1 year ago.
We went back to a different fitter as we could not get to the same one. I also did not feel
Comfortable going back to them when they had performed such a dangerous job.
Expert:  Joshua replied 1 year ago.
thank you. In his opinion, had the box not been tightened properly or not tightened at all? Did you attain an invoice from the second fitter describing what he had found and what he had fixed?
Customer: replied 1 year ago.
I've just realised I've spelt tyres wrong about 10 times. Oops. Our 'fixer' was shocked at the work done and wrote his findings on the report, stating 2 wheel bolts were missing and that the other two were only 'hand tight' in his words. As a result the hub also needed replacing (we have the damaged one) he also said had not heard of this 'check before 100 mile' rule and that there is no reason the bolts should have come off themselves.
Expert:  Joshua replied 1 year ago.
You are quite right and I followed suit without thinking. We'll both blame it on the time of day and say no more about it! this was exactly my suspicion. This is not the first time I have come across such a situation as this and like many of us, having attended many a tyre replacement in my time, I'm aware that the process they follow is to screw on the bolts manually and then apply a wrench which is typically a electric or similar appliance to tighten the bolts. My suspicion will be that they forgot to carry out the second step. In any event, clearly bolts should not come undone and the caveat they include on their invoice does not absolve them from liability to you. Terms are implied into your contract with the tyre fitter under the supply of goods and services act that the service they supply must be supplied with reasonable skill and care must be satisfactory. It is evident from common sense but in particular from your experts report that they were extremely negligent in their service to you and they are therefore in breach of contract under the terms implied under the above legislation. Accordingly, you have a claim against them for any losses you suffer as a direct consequence, in particular, a replacement hubcap if this is necessary, the cost of the alternative tyre fitter and any parts and your travelling expenses to the replacement tyre fitter and to any other contractor you are required to use to replace the hubcap. In the first instance, you can contact the original tyre fitter and put the above to them asking them for a cheque in settlement for the above costs within 10 days failing which you will issue proceedings in the County court for breach of contract together with court fees and interest at 8% per annum under section 69 County Courts act. If you are forced to issue proceedings, the simplest way to do so is by using the courts online issuing service:thank you very much. On this basis, the neighbour's actions amount to trespass and you can require that the pipe is removed. initially, you can ask him informally to move the same as you have done; if he refuses, you can serve upon him a formal notice headed "notice of trespass" setting out the details of the trespass in question and requesting him to cease and desist and remove the offending installation within 10 days failing which advising him that you reserve your right to either instruct your own contractor to remove the offending installation and look to him for the cost or that you obtain a court order requiring him to remove the installation. If you decide to retain a contractor to remove the installation for you, the contractor must take care not to damage any remaining pipe beyond what is necessary to remove the pipe from your own property and the contractor must be a gas registered contractor and leave the installation safe though he does not need to ensure that the installation is functioning. If the neighbour refuses to pay the cost of the contractor, you can issue a claim in the County Court to recover the monies. The simplest way to do so is by using the courts online issuing service. if successful, and based upon what you say, you would appear to have a strong claim, you can recover in addition to the above, any travelling expenses incurred in attending any hearing though it is quite possible to submit your claim by post so as to avoid personally attending a hearing:https://www.moneyclaim.gov.uk/web/mcol/welcome I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you; although half the answer seemed to talk about pipe problems? Not sure where my answer finishes and that one starts? First half is very useful though, thank you!
Expert:  Joshua replied 1 year ago.
My apologies. The site has launched a new interface and they are still ironing out bugs. It seems to have transposed part of another post. My sincere apologise. I will repost the entire post below: You are quite right and I followed suit without thinking. We'll both blame it on the time of day and say no more about it! this was exactly my suspicion. This is not the first time I have come across such a situation as this and like many of us, having attended many a tyre replacement in my time, I'm aware that the process they follow is to screw on the bolts manually and then apply a wrench which is typically a electric or similar appliance to tighten the bolts. My suspicion will be that they forgot to carry out the second step. In any event, clearly bolts should not come undone and the caveat they include on their invoice does not absolve them from liability to you. Terms are implied into your contract with the tyre fitter under the supply of goods and services act that the service they supply must be supplied with reasonable skill and care must be satisfactory. It is evident from common sense but in particular from your experts report that they were extremely negligent in their service to you and they are therefore in breach of contract under the terms implied under the above legislation. Accordingly, you have a claim against them for any losses you suffer as a direct consequence, in particular, a replacement hubcap if this is necessary, the cost of the alternative tyre fitter and any parts and your travelling expenses to the replacement tyre fitter and to any other contractor you are required to use to replace the hubcap. In the first instance, you can contact the original tyre fitter and put the above to them asking them for a cheque in settlement for the above costs within 10 days failing which you will issue proceedings in the County court for breach of contract together with court fees and interest at 8% per annum under section 69 County Courts act. If you are forced to issue proceedings, the simplest way to do so is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcome I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.
Haha I will let you off due to the hour since you allowed me the same courtesy. This is great, thank you.
Expert:  Joshua replied 1 year ago.
Many thanks. If I can be of further assistance as the situation develops, please do not hesitate to contact me.

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