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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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We had some restoration work done on our classic Mini 3

Resolved Question:

We had some restoration work done on our classic Mini Cooper 3 years ago and we now have had to have work done again. 2 mini specialists have stated that the original work was very poor. We asked for £2000 - £4000 compensation, having spent £8000 originally. He has asked to make good the work but he doesn't have the facilities, equipment or skill to make good. I have emails and pictures of the work and would appreciate advice on how to proceed.
Martin
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

What would you like to know about this please?

Customer: replied 9 months ago.
How can we get compensation?
Expert:  Jo C. replied 9 months ago.

What will be the cost of putting this right?

Customer: replied 9 months ago.
We are now spending £9000 on the restoration being done properly. Some of this work is new and therefore I have estimated that the work he did which was restoring sections of bodywork and re-painting the car would come to between £2000- £4000 (£4000 being the total bodywork bill as the engine work he did was fine)
Expert:  Jo C. replied 9 months ago.

Ok but is there any independent evidence of that?

Will the new garage confirm it?

Customer: replied 9 months ago.
I have sent the photos and email trails to both garages and they agree with the shoddy work but I haven't asked them whether they will back this up if it went to court. Is that something I need to do now and what is you advice in either circumstance (they agree to support or don't agree)
Customer: replied 9 months ago.
The man who did the original work has also sent me a letter stating that he is disappointed that he is not being given the opportunity to make good the work himself. Is that not an admittance of not doing it well the first time?
Expert:  Jo C. replied 9 months ago.

You do need to ascertain the sum of the claim clearly.

In principle, there is a claim here. The work was done and has had to be corrected. They are not entitled to claim for that.

However, the difficulty here is that at least some of the work that was done is of an adequate standard and they are entitled to be paid for that.

The cost of subsequent repair isn't really a reliable means of ascertaining the loss as at least some of it would have to be done anyway.

It should be simple enough to get the garage to clarify exactly what it would cost to put right the failings of the first garage. Then your claim would be for that amount.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Once I have a clear price for the work that has been re-done what do I need to do to claim that money? I would rather it didn't go to court but I have had no joy so far. What legal weight can I use to get payment?
Expert:  Jo C. replied 9 months ago.

Well, there isn't really a way of achieving that. if they refuse to pay then you either write the money off or sue.

You can always send them a letter before action warning that you will sue if they do not pay within a specified time period but unless that works you will have to sue.

Customer: replied 9 months ago.
Based on the information given do you think suing would be successful as I don't want to be financially out of pocket.
Expert:  Jo C. replied 9 months ago.

Yes, you would get something. It will only end badly if you don't clearly ascertain the sum of your claim.

Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you for your time.
Expert:  Jo C. replied 9 months ago.

No problem. All the best.

Please remember to rate my answer.

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