Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Is the mechanic refusing to give you copies of the invoices?
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.
No problem at all.
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
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
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.
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
You are most welcome, all the best