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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48209
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My car was recently fixed by a mechanic who is not providing

Customer Question

Hi. My car was recently fixed by a mechanic who is not providing me with parts and labour invoices. I have paid him in full with nothing at all owing. I require the invoices for proof of repair and parts if in case I require them in the future. What are my rights for demanding these invoices as I paid for everything?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I guess it goes under Consumer Rights?
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.

Is the mechanic refusing to give you copies of the invoices?

Customer: replied 1 year ago.
Hi Ben. He hasn't directly said that but I have texted him and he is not replying. That was some weeks ago.
Expert:  Ben Jones replied 1 year ago.

Hi there. OK please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
OK, thanks
Expert:  Ben Jones replied 1 year ago.

No problem at all.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The requirement to issue a customer with an invoice only applies if this was a business to business transaction and both the service provider and the customer were registered for VAT. So if you are just a private consumer, not registered for VAT, the business is not actually under a legal obligation to issue you with a receipt/invoice. So you cannot force them to issue one and if they refuse to then you will have to accept that unfortunately. This does not change your legal rights because if there was an issue with the service or materials, you can sill pursue the business even if you cannot provide a receipt – it is not a legal requirement to have one to be able to apply your statutory rights in these circumstances. Just some proof that you had the work done or paid for it, such as bank statements, any correspondence, etc.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
The issue with my mechanic goes further. The mobile mechanic worked on my two cars (one my daughter drives). My manin car had a problem with the timing chain. He suggest I buy the part and he will fix it into the car. I gave him the money (£1,633 + Labour £250). He attempted to but failed to complete the job after taking out half the engine. He then suggested that I change the entire engine and that have the car taken to his mechanic friend. The 2nd mechanic fixed the timing belt but returned the car back (engine not re-assembled) stating that he doesn't have time to finish the job until after 2 - 3 weeks. In the mean time, I learn from the 1st mechanic that the 2nd mechanic doesn't want to continue with the job (which by the way the labour charge has been paid for - £345). Where can I go from here? My car is not fixed since over the last 2 months as I have paid out so much money and still on my drive way. As I understand from your email, I have no right to the invoices what are the next steps I can take? If any.
Expert:  Ben Jones replied 1 year ago.

No you have no right to the invoices but you can take action against the work he performed (or filed to). This is under consumer protection laws. I can certainly discuss your rights in that respect but please leave a positive rating for your original query first and then I can discuss this issue in more detail for no extra charge. Thank you

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Positive feedback left. Thank you Ben.
Customer: replied 1 year ago.
Ben, in honesty, I don't want to create problems for the mechanics but is there anyway I can at least have the monies paid for the labour costs from both mechanics? This will help me towards getting my car back on the road. That's all I want. Something like a letter from me to them stating out my rights then take it from there?
Expert:  Ben Jones replied 1 year ago.

Thank you. When you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

· Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);

· Finished within a reasonable time (unless a specific time has been agreed); and

· Provided at a reasonable price (unless a specific price has been agreed).

In addition, any information said or written is binding where the consumer relies on it. This will include quotations and any promises about timescales or about the results to be achieved.

If there are problems with the standard of work, or any of the above, you will have certain rights:

1. The trader should either redo the parts of the service which are inadequate or perform the whole service again at no extra cost to you. This must be done within a reasonable time and without causing you significant inconvenience.

2. If redoing the work is impossible or cannot be done within a reasonable time or without causing significant inconvenience, you can claim a price reduction. The price reduction would depend on how severe the issues are and could be as much as the full cost of the work.

3. If the service has been performed so badly that it would be unreasonable to expect the consumer to give the trader a second chance, you may be entitled to claim the cost of remedial work by another trader.

In the circumstances you will be looking at some compensation for what has happened. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 1 year ago.
Would it be justifiable for me to send a reminder letter as I feel that I cannot rely on the mechanics to do the job? Further more, as they had no intention to complete the repair. It has been around 7 weeks since my car has been returned back to me. Nothing has been heard from the mechanic who initially told me that he will contact me in the next 2-3 weeks.
Expert:  Ben Jones replied 1 year ago.

Yes of course you can - you can send that at any time. If you have been waiting for so long then maybe move directly to the final reminder, with legal options to follow next

Customer: replied 1 year ago.
Thank you so much for your help.
Expert:  Ben Jones replied 1 year ago.

You are most welcome, all the best