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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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We're in a little bit of a problem. A couple of

Customer Question

Hello,
We're in a little bit of a problem. A couple of weeks ago we put some bricks on top of our bin to stop the lid from opening, but as the weather got windier the bricks flew next door and hit the bonnet of the car next door.
They wanted us to pay for the damage and brought us a bill of £1200 (for the replacement of the bonnet). We asked if they would be willing to see our mechanic to see if he could simply repair it. She agreed and went to see the mechanic on Monday. We got a reply from her today that the mechanic said that there would be no way to repair the bonnet 100% as the dents are so severe and so she wants us to pay for the £1200 replacement.
Is there anything else we can do?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has the mechanic confirmed that?
Customer: replied 1 year ago.
We haven't contacted the mechanic personally yet. Should we?
Expert:  Jo C. replied 1 year ago.
Yes, it would be worth checking that is correct. It seems a little excessive.
However, clearly you are liable I'm afraid. There was a risk this would happen. The only thing you could argue is that the damage was caused by the wind which is an act of God but part of the problem is that you left the bricks in a place where this could happen so it isn't the best challenge.
You are perfectly entitled to ask for several quotes from mechanics.
If they are broadly in agreement though then I'm afraid you are liable.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
I see. They are asking for the money first before making repairs.
Should we pay them straight away? Is it best to pay the audi mechanics directly?Do we need to record some kind of evidence that we have paid?
Expert:  Jo C. replied 1 year ago.
Oh yes, pay the mechanics directly. You are entitled to see invoices.
If you pay the mechanics directly then there will be a record.
I suppose you could make a full and final settlement offer though in writing.
Customer: replied 1 year ago.
Ok. How do I make the settlement offer? Would that be to our neighbour?
Expert:  Jo C. replied 1 year ago.
Yes,
But get some quotes from mechanics first.
If they are accurate then send them a cheque with an accompanying letter saying that this is a full and final settlement payment. Mark the cheque 'Full and Final Settlement' and take photographs of both sides of it.
Customer: replied 1 year ago.
I see! Thank you so much for your time!I was also wondering, is this service going to automatically take our £18 from my account every month? I only needed this question answered..
Customer: replied 1 year ago.
*take out
Expert:  Jo C. replied 1 year ago.
No problem.
Please remember to rate my answer.
You have to email customer services on***@******.*** regarding your account but they can do that for you.
Customer: replied 1 year ago.
Thank you very much!oh also for the settlement letter does it just need to say "I am writing to confirm that the enclosed cheque is the full and final settlement for thr repair of the car"?Do i need to sign it and get her to sign it? and do i need to write down her full name and the model of the car?
All I know is that her name is "sue"
Expert:  Jo C. replied 1 year ago.
It would be good if she did sign it but if she refuses you would still have proof.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I see. Thank you very much Jo!
Customer: replied 1 year ago.
Jo I wrote the settlement letter. Would you be able to have a look at it?
Expert:  Jo C. replied 1 year ago.
Yes, if you like.
Customer: replied 1 year ago.
Re: Damage of Audi A5 CoupDear Miss S. G.
I write with regards ***** ***** incident involving damage to your Audi A5 Coup.
I am offering £1218.20 in cheque as the full and final settlement for the payment of the repair of your car.
This offer is made on the basis that, if accepted, neither you or any associate will take further action or enforce to pursue this debt in any way whatsoever and that I will be released from any liability.
Sincerely yours,
Customer: replied 1 year ago.
Would this be good enough?
Expert:  Jo C. replied 1 year ago.
That is fine but I would write full and final settlement on the cheque as well and make sure that you take photographs.
Customer: replied 1 year ago.
Thank you!
Expert:  Jo C. replied 1 year ago.
No problem.

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