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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A friend of a friend gave me a broken guitar to repair, possibly

Customer Question

A friend of a friend gave me a broken guitar to repair, possibly as far back as 2009. It was what could be called a mates agreement, no contract, no paperwork, no receipts. Th repair turned out to be more complicated than at first apparent , but last contact was a snotty email from him in late 2012. I replied that I didn't like his tone or implications, told him not to email me and I would return the guitar through our mutual friend. No replay, until about two weeks ago, he sent me quite a conciliatory letter, actually quite creepy, and I told him how he could get is guitar back, ie through our mutal friend but that I'd like to be paid for what I'd done so far, ie £90. The irony is the guitar is worth about £25!
He then contacts an ITV program that does small claims and is now taking me to court.
Am I missing something as he's the one who owes me, I'm happy to return the guitar with the agreed repair, but am not prepared to carry out a reassemble, restring and setup without some payment.
Am I missing something?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is he saying he will pay you or are you asking for payment please?
Customer: replied 2 years ago.
I'd love to be paid the outstanding amount, but he sent a rather rude email in late 2012, to which I replied that I wasn't prepared to do any more work on the guitar which had turned out to be a harder repair than at first it appeared. I said I'd like to be reimbursed for what I'd already done. I am not a business, I have a day job, I do repairs as a hobby, mainly for my children's school. I then heard nothing until around two weeks ago, demanding it back and not wishing any contact with him told him I'd hand the guitar, repaired as it is, although not perfect aesthetically and not strung or setup, unless he paid the outstanding amount. He then threatened to start court proceedings against me for reach of contract.
Expert:  Ash replied 2 years ago.
I dont think you are missing something. If he agreed to give you the job to do the work then you are entitled to payment. You are allowed to keep hold of it before you release it.
All he can do is issue a county court claim and given the value it would be a small claim anyway. So you are doing everything right - dont be bullied by him.
Can I clarify anything for you about this today please?
Alex