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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46806
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We are a company being take to the small claims court. The

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We are a company being take to the small claims court. The proceedings start tomorrow. The amount is 4000.00. The claim is for an engine rebuild which was built for one of our customers but he is unsure about the engine as my son had an engine built recently and it blew up after 200 miles
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What would you like to know about this?
Customer: replied 1 year ago.
We are not sure what to do about the situation. Do we have to pay for the engine and if so can we offer an amount per week
Expert:  Ben Jones replied 1 year ago.
Is anything actually wrong with the engine?
Customer: replied 1 year ago.
We don't know as it hasn't gone into the vehicle yet but because the one he built for my son
Only lasted 200 miles our customer is reluctant to pay until he has used it
Expert:  Ben Jones replied 1 year ago.
When was the engine given to the customer and when did they ask to have it returned?
Customer: replied 1 year ago.
The engine is still in the engine builders workshop. He won't release it until it has been paid for
Expert:  Ben Jones replied 1 year ago.
ok slightly confused as to all the parties involved here - you are the company which built the engine for a customer? The customer is unwilling to pay for it because an engine you built recently blew up? Is that correct?
Customer: replied 1 year ago.
No, we are the company who asked thie engine builder to rebuild this engine for our customer. He won't release the engine until it is paid for but our customer is reluctant to pay because of what happened to our sons engine. He wants to try it first. The invoice for the engine is in our name that is why he is taking us to the small claims court. We don't know what to do. Should we offer to pay monthly or should we let it go to court
Expert:  Ben Jones replied 1 year ago.
OK thank you. So the engine builder has taken you to court because the engine has not been paid for. This is out of your hands because it is the customer who has not paid for it, however as you are contractually bound with the engine builder they are taking you to court. You may have liability over the cost for the engine but at the same time you would be able to take the customer to court yourselves to pursue him for the amount he owed you for this. Technically he should have paid for the engine and fitted it to his vehicle, then if anything went wrong he would have been able to challenge it under consumer regulations. He can’t just try it and the fact that another engine has not worked properly does not mean that this one would have the same fate and for all you know it could have been in perfect working order. So he would have been able to pursue his money back or at least some compensation if it broke down. At this stage you may as well go to court and see what happens. Even if you lose you would not be liable for much more than what they have claimed. For example you will not have to pay their legal costs. So the risks are relatively low and you may still not be ordered to pay anything or not the full amount. If you do lose you can arrange for a periodic repayment if you are unable to pay it all at once. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46806
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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