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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47382
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was supposed to get some equipment installed in my van ,the

Customer Question

I was supposed to get some equipment installed in my van ,the company have damaged my van ,the were supposed to fit a water system for washing windows and didn't measure the tank correctly.they have drilled holes in the van and now the tank doesn't fit.
they have offered to fit a different more expensive system (but in my opinion not as good and a different make)and split the extra cost.
firstly I can not get the van repaired and go elsewhere as the chasis will now be compromised.the only real option other than a new van is to go with a newer water system which would be around 2.5 k more expensive .
I am also suffering loss of earnings as had jobs booked in this week .
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.
Expert:  Ben Jones replied 1 year ago.
Have you discussed your dissatisfaction with the resolution offered by the company?
Customer: replied 1 year ago.
yes ,they tell me the offered solution is the only one
Customer: replied 1 year ago.
yes they say the offered solution is the only one.
Expert:  Ben Jones replied 1 year ago.
Ok, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Assuming the company were negligent in their actions and it is clear that they dis not do as instructed, then the law will protect you in a sense that you can expect them to resolve this so that you are left in the same position had the negligence not occurred. As you can imagine that may not always be possible, for example there may mot be anything they can physically do to correct the issues, in which case some financial compensation would be expected instead. In the circumstances, you say that a repair is not an option and that the offer they have made you is unsuitable. A court would like to know why you consider the offer unsuitable and why you believe that the system they have offered to install is not a suitable alternative. There must be some valid arguments for that, not just a personal preference, so you would be expected to show that its performance is nowhere near as adequate or that it simply does not fulfil the requirements for the jobs you had bought the original system. Assuming you can show these, then you can expect them to install another system of equal standard, or to compensate you for the damage done to the van. Getting a much more expensive system is an option but you are likely to have to pay at least a proportion of these costs.This is your basic legal position. I have more detailed advice for you in terms of the options you have should no amicable solution be reached, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
hi ben ,
its about the quality of the systems and they all do the same thing(produce pure water) .so whats better is hard to say as they all say they are the best.so its I really just about preference.they al do the same but don't look the same.
I think what you are saying is that I have to take the offer as its the only real alternative,other than getting a different van.
ok thanks for your advise.
Expert:  Ben Jones replied 1 year ago.
Thank you. If it is just about preference then that won’t be a very strong argument unfortunately. A court will not consider your personal choice just because you like the look of one system over another. There has to be a noticeable difference which would make it unsuitable for the purposes you had bought the original one. So in the circumstances it may indeed have to be accepting the alternative offered.