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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I have paid a company last January to restore a classic car

Resolved Question:

I have paid a company last January to restore a classic car of mine for £3500. When it got to 12 months and I had heard nothing about progress I contacted trading standards and Paul (the person restoring the car) said he would have the car completed in 8 weeks. So March 7th it was supposed to be completed. Now I am wanting some advice to see what rights I have and where to go with this. I am happy to give a full timeline and details of the whole situation. I am wanting to go down the legal route to get some (if not all) of the money back from him and I want my car back. The car is the priority.
Thank you
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
What is their excuse about this?
Customer: replied 11 months ago.
I've ha several reasons in the first 12 months which I was understanding about. One was a broken collarbone he said, which was out for 2 months. Another was the car was more work than first expected. The original timeframe was 12-16 weeks but it has been 15 months so far.
Expert:  Jo C. replied 11 months ago.
I suppose you didn't agree time was of the essence?
Customer: replied 11 months ago.
Not the first time, the quote of 12-16 weeks I was happy with. I then asked several times for a date when the car would be finished and have had very little communication. The second time round I said I wanted the car complete in the 8 weeks (to be completed on March 7th) and yet again this hasn't happened and now I'm having no communication.
Expert:  Jo C. replied 11 months ago.
Ok. Is he refusing to hand it over or just not responding?Are you prepared to sue?
Customer: replied 11 months ago.
I asked to collect the car and told him I had spoken to trading standards for advice. He said he would complete it with 8 weeks and I agreed as long as it was completed and I could collect it. Now I've had no communication in 3 weeks.I am prepared to sue to a extent but I depends on how much the process will cost and where to process will go. I am quite unsure of all the legalities here.
Expert:  Jo C. replied 11 months ago.
He is obviously late. That might not, per se, be enough to allow you to escape from a contract in normal circumstances but this has been going on for a huge length of time and I think you would win on that point. The question is how you advance this if he just plain refuses to allow you to collect. You could seek an injunction forcing him to hand over the car but that would be about £300 without solicitor's costs. You could also sue for the actual value of the car more cheaply. It is quite unlikely that he would continue to refuse until you actually got a court order but you need to be aware of worst case scenario. Another option is to get a solicitor to write to him demanding return. That would be about £100 plus VAT. It might well be that the latter option resolves your problem as he will know that he hasn't delivered the best service. Can I clarify anything for you? Jo
Customer: replied 11 months ago.
Ok there are certainly some options to consider. Where would I go in regards ***** ***** money paid as I know the car is not completed. Thanks
Expert:  Jo C. replied 11 months ago.
It depends whether there has been work done and whether it is of any value.If it is then you would have to pay the value of the job.If it is not then you would have a claim for recovery of the full amount.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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Customer: replied 11 months ago.
Ok. Thank you very much.

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