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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4086
Experience:  Solicitor
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I am a director of a haulage company I have an issue which

Resolved Question:

Hi
I am a director of a haulage company
I have an issue which would be easier to explain over a telephone conversation
Is it possible to contact someone there
Or is it emails only
Thanks
Paul
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
My vehicle went in for a service which usually can be done over night
Went in to the main dealers Daf in Heathrow HTC
They said my exhaust was not working correctly for the low emissions LEZ for driving in London
It had to be ordered and will take up to 2 weeks
I agreed but with them sacking managers and 2 new service managers changing also
Nothing was ordered until Feb/March
I eventually got my vehicle back in May
They had it 6 months
The work on the vehicle is not done to a good standard, they fitted a mirror the the roof of the cab and when it rains water comes into my cab!!
Right over the fuse box which is a hazard it could catch fire
When I told them all of this and a lot more problems they said they would look into it and come back to me.
Now they have wrote me an email saying they want payment of the exhaust system because that's a 3rd party and they had to order that in especially for me
If not paid they will go legal
My argument with them is
They not only had my vehicle the for 6 months
When given back its not done correctly
And
I lost my driver which are very hard to get
Lost work because I had no Lorry
Paid 6 months parking where I park as if I didn't pay would lose my spot
Had to pay tax and insurance also while it was in thereWhat's your opinion on this case??
Maybe better to talk rather than email??Have I got a case in not paying this as I am out of pocket?Thanks
Paul
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 10 months ago.
I don't want to pay for there mistakes
They want the exhaust paid for ASAP
As they said they as a main dealers did not have it as parts in there where house
They had to order and pay for it themselves
my augment is
They had my vehicle for 6 months
it has cost me a lot of money for it to be sitting there
Should I pay the invoice or not?
Expert:  Jamie-Law replied 10 months ago.

Do you know the cost of your loss? Is it greater then their invoice?

Customer: replied 10 months ago.
Parking @£100 per week
Insurance @£3,000 a year
Tax @£1,200 a yearLoss of earnings while vehicle sat there for 6 months
Yes my loss is a lot more than what they want
I did say I would consider there invoice for my invoice and they still have to put my vehicle right
The work was not done correctly
They said for me to pay the exhaust £2,400 plus vat
And they will look at my vehicle
I just feel they are trying to force me to pay then say no that vechle was not like that when it left here
And try get out of it someway!
Expert:  Jamie-Law replied 10 months ago.

Ok - if the loss is greater than the invoice you can refuse to pay it and sue.

You need to write and set out your losses and request a refund (less the £2400 plus VAT) within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
How much would This cost me?
Can You guarantee I would win this case?
I have never done anything like this before
So am very nervous about doing such a thing!
And it would cost me a lot more in the long run!Shall I send them a break down of what I am owed on an invoice and see what they sayI will receive a level letter demanding the money if not paid by 19th sept they have told me today
They want there 3rd party money in
Expert:  Jamie-Law replied 10 months ago.

There are no guarantees in Court.

The cost of a claim can be found here:

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

You would pay an issue fee and hearing fee

Does that clarify?

Customer: replied 10 months ago.
Ok
An issue and hearing fee then if I have to pay
Do I have to pay cour cost or anyother costs
I don't want to dig a hole fore myself
That's all
Expert:  Jamie-Law replied 10 months ago.

If its below £10,000 then no.

These costs are added to the claim so if you win, you get that also

Does that clarify?

Customer: replied 10 months ago.
thanks for your time
You have been a great help
If I need anything else can I email again?
Expert:  Jamie-Law replied 10 months ago.

Sure.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance!

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Of coarse
Thanks again