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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I'm looking advice as to weather and/or what I

Customer Question

Hi, I'm looking for some advice as to weather and/or what I can claim for for in small claims.
I took my car to a garage for them to build a custom stainless steal exhaust system at an agreed price and time. This took several days longer than expected, due to issues removing the old system, apparently. On collection of my car it was very hard to see the work completed and I was shocked to be told that I couldn't have the original system back due to it apparently being scrapped, but I paid on my credit card to head office over the phone and headed off. Quickly I noticed an unreasonable or justifiable 100miles had been covered in the time it was in the companies possession, and then when up to running temperature the engine management light came on. As soon as I arrived at work, I plugged it into a basic code reader, to see faults with two of the exhaust sensors one of which is very close to the join I was told they were struggling with. I also then notice the tailpipes are wonky and on an angle.
I contacted the head office and spoke to the franchise manager and explained all the issues. I agreed to make contact with the guy that did the work to see if we could come to a way to resolve the issues. During this call I was met with complete lack of knowledge of exhaust systems and denial of any mileage at all.
The car then went to a garage I use regularly to get a closer look on a ramp. What a mess the work is, and no thought into the flowing at all. so I contacted the franchise manager again, to request my money back and make clear that I shall not be dealing with the guy that carried out the work anymore as I believe him to be incompetent. I was told that I could have my money back on return of the exhaust, this would be fine if my old system (my property) wasn't scrapped without permission, but I will need the money returned for me to go to another company to carry out the work I paid them to do first.
Basic expenses so far:
Work done £599
Original exhaust from BMW £1700 excluding labour
The next companies quote is £750 to make another system.
Am I right to believe I can claim the £599 + £1700 in a small claims court?
Thanks
James
Submitted: 9 months ago.
Category: Law
Expert:  Nicola-mod replied 9 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 9 months ago.
I'm happy to wait if you think can find the person that can answer correctly.Thanks
Expert:  Nicola-mod replied 9 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Customer: replied 9 months ago.
Hi, it's asking me to up the price for an answer. Really? I can't find the option to do that (I'm on iPad, if that makes any difference) and it's been two days to get that response.What's to do?Thanks
Expert:  Ash replied 9 months ago.
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
Expert:  Ash replied 8 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.
Expert:  Ash replied 8 months ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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