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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Baying a product and receiving completely different one

Resolved Question:

baying a product and receiving completely different one
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
Hi there ,
My situation is :
Jully last year 2015 i bought a place and i wanted to make a garage for service and MOT 5 ish months ago i started to change my building usage to the right one (permission for a garage and service and MOT) . at that stage i spoke on several times with the company supplier the lifts and helping me to get my permission -Euro car parts ( James Quiler ) . The plan was ready i had the permission and on the drawings is showing MOT lift 6m long and the full price is £28000 + vat and £5000+ vat for the ground works . what is happened. On 19th jan 2016 they came on the morning to install the MOT bay where I wasn't there and left one of my employees to watch what they doing , Everynignt looks fine and i arrived nearly 19:00 pm excited and asking one of the installers :
is that the most expensive german brilliant amazing lift which i was hearing a lot ?
and he answer sorry but this is not the german lift this is the italian one and everything is different the ground work and the size .
i got everything on CCTV and the installer call his company and he said they have change it don't you know that .Originaly was the german one but after they said to install this one .
I was in shock they wanted to sell me lift cheap £3000 for the price of the german quality
Expert:  Ash replied 1 year ago.
Thanks. What is it you want to achieve?
Alex
Customer: replied 1 year ago.
Compensation as i don't know anything for this MOT LIFT and replacing this one it is going to cost me money time and lost on profit or if i keep this one what i the legal achievable procedure i can achieve or can i ask to not pay this lift and i will keep my mouth shut no sharing experience with social medias (Facebook ,twitter ect) nothing , thats is the reason to asking a solicitor what is the legal achievable compensation i can ask them into this situation , as on friaday i spoke with some of there bases and they ask me is they gave me the MOT lift on the price that i can see on internet £25496+VAT but i said I'm your client and i don't want this lift as this is a joke i have purchased a lot from you spent a lot of money and you offer me to give me the LIFT on the price that its cost normally as "compensation"
what i have to do to push them to the wall and get as much as i can as I'm very offended and really mad on this situation how they tried to trick me and get extra money from me.
Expert:  Ash replied 1 year ago.
Do you want the lift replaced or compensation? What is the difference in price?
Alex
Customer: replied 1 year ago.
So
German lift original cost -£28000 + £5000 ground work + vat = £33000 + VAT- the one i have been quoted and got all drawings
Ital***** *****ft the one installed is £25496 + £5000 ground work + vat = £30496 + VAT the one i got installed
I need A MOT lift and but i don't know anything about the ital***** *****ft and no information i have received , I know only for the german one is very high quality very reliable and its a GERMAN product then i went trough the specification , drawing and paperwork and i was happy with it .
Which one is better for me into this situation to keep this lift ( if i keep it how can i have it for cheapest price )
if not what is the legal procedure that i can ask for compensation and for how much i can go ?
Expert:  Ash replied 1 year ago.
You are entitled to ask for the difference plus a sum for breach of contract say 10-20% of the total.
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 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?
Alex
Customer: replied 1 year ago.
Thanks ,
I did not said that i paid until this moment only £25600 in total where i got invoice for £6000 inc vat for the ground work and left £19600 for the lift where i have to pay the difference which is for this lift - £10995 (for the italian one)
is that mean i can legally offer them that :
I'm happy to keep this lift on the price of £20 000 icl vat where that will compensate everything ?
what should i offer them , can i make an offer , what is the best position for me as they quoted me for one product and installed another , may i say ill call trading standards also they are big company how big companies will react ( are they going on pay and the customer and keep him satisfied or we spent a lot of money to protect our self from our mistakes ) actually they are the biggest UK supplier of car parts and equipment
Expert:  Ash replied 1 year ago.
Ok, yes you should make an offer for that. If you wanted to, then you could make them rip the old one out and put the correct one in.
Does that help?
Alex
Customer: replied 1 year ago.
Yes
Please Alex they will call me on Tuesday and i would like to be prepare as i know what they going to say
- They will offer me - do you wanna keep this lift on a price £25 000 + VAT
option 1 I will refuse and then what i have to do : offer them i may keep this one but on the price £15 000 + VAT or you can remove it and install the original one quoted and do the ground work on your cost (as the floor hole is smaller with 22 cm for the Italian then the german has to be 622cm ) and pay compensation for the lost on profit for the mistake
option 2 to remove that one return all money incl the one for the ground work as i have to pay for ground work quoted for german one which is bigger and go to another supplier and ask for compensation for lost of profit again .
option 3 sue them and follow the procedure you write above
please advice as I'm very upset from this
Expert:  Ash replied 1 year ago.
They MUST either accept your deal OR pay at their own cost the removal and install of a new one. If they refuse you can take them to Court.
Does that clarify?
Alex
Customer: replied 1 year ago.
my last question is which authority i can use for this situation ?, VOSA , Citizen advice bureau , trading standards ...?
Expert:  Ash replied 1 year ago.
Potentially trading Standards or the dealers governing body, ie Federation of Master builders type thing if they have one.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Alex your help was very good and now i got a better clue what should i do .

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