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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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We are a small business providing parts and services. We

Resolved Question:

We are a small business providing parts and services for motorbikes. We rebuilt an engine for a customer in March and thought all was well, but he has contacted us this week to say that the rebuild was faulty and that he has had the work re-done elsewhere. He is demanding a full refund for our rebuild AND wants us to pay for the second rebuild. As far as we can see from social media, the fault occurred at the start of June, but he did not contact us at all. We have been given no opportunity to rectify - or even have the bike assessed independently. The customer says he has a report (I'm guessing from the people who he paid for the 2nd rebuild) but is unwilling to share any info until we go to mediation - or court if we do not respond by Monday. If we ARE at fault, we would obviously refund his payment to us, but surely we are not liable for the 2nd rebuild as well? This would put him approx £1000 up on the whole affair. Could you advise please?
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.

You should resist this. If the customer can't provide credible evidence that you are at fault then you really have nothing to say to him. I would imagine that even the other company would have difficulty in saying categorically that you were at fault when you did your work in March and the fault was in June. I don't know the tech details of course. However, by refusing to give you any information, the customer is acting quite suspiciously. And you are quite right. He can't ask you to refund him and also pay for the second company. This all just sounds like nonsense to me and I would be telling the customer where to put his allegations. Confirm in writing to him that he has failed to give you fair notice of the issue, has had further work done, has not shared any information and all of those failure will be founded on in the event that he is unwise enough to take this further. He can't litigate by ambush. He has to give fair notice. He hasn't done so. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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