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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently had a gearbox refurbished by a company

Customer Question

Hi
I recently had a gearbox refurbished by a company for a machine we were refurbishing. The gear box has failed and it seems as though the gear box was incorrectly set up. This came to light once the machine had been installed. The client wasn't in a position to remove the gearbox and get it repaired as it the machine was required for their business so they contracted a local engineer to buy a replacement gearbox.
This work has been carried out now and I have just received the invoices from my client which total nearly £7000. I would like to put a claim in to the company who undertook the refurbishment of the gearbox to reclaim this loss as it is not our fault.
The repair for the gearbox to us was £900 which we have paid. Do I have a claim against the company for the full amount of £7000 or can I only claim from them the cost of the repair?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this. You can claim for all losses directly associated with the breach and not just limited to the £900
You need to write and set out your losses and request a payment 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 pay 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex