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Ben Jones
Ben Jones, UK Lawyer
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My wife’s car needed some repairs so we went online and

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My wife’s car needed some repairs so we went online and contacted a company called ClickMechanic.com and the plan was for us to supply the parts that were needed and they in turn supplied the labour with a mechanic.
It is seven months on and we have had a complete nightmare dealing with this company and are no nearer a solution and we are left with a vehicle that we cannot use or sell can I explain the whole story to someone to make some sense of this?
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 19 days ago.

Why have there been such delays?

Customer: replied 19 days ago.
Hi Ben I will send you the story so far and see what you make of it all.
Expert:  Ben Jones replied 19 days ago.

ok thanks

Customer: replied 19 days ago.
CLICK MECHANIC
My wife’s car needed some repairs so we went online and contacted a company called ClickMechanic.com and the plan was for us to supply the parts that were needed and they in turn supplied the labour with a mechanic.
We then waited for an email from them quoting for the work to be done, we agreed and confirmed that we were happy with said quote thus then enlisting the services of Clickmechanic.com for the work to be undertaken.
An appointment was made and agreed via email with a mechanic, unfortunately he didn’t turn up some excuses were made and it was rescheduled for another week, I think at this point with the benefit of hindsight we should have known that this was going to be the start of a complete and utter nightmare!
The mechanic was booked to come between 12-2pm he arrived at 6pm and yes as agreed he did undertake the repairs required until 2am that morning so my husband had to stay up due to the time, when he was finished the mechanic explained that everything was done with no problems when my husband inspected the vehicle he noticed there was an important part that hadn’t been fitted so he challenged the mechanic and in his defence he told my husband he was mistaken and that this was the old part and he had fitted the new.
We drove the car the next day everything seemed fine so we left it and booked it down to a bad experience, we both used the car again and it was then the problems started to begin all manner of warning lights started to flash on the dashboard fortunately we managed to get the car home as we were close by.
We called the mechanic back he said no problem he would come back and look at the car and rectify any problems that there were, at this stage we felt that we were committed to getting this sorted out and so he returned my husband once again challenged him over the part he insisted he had fitted, this part was important because without fitting this particular part not only would it cause further problems it would invalidate the warranty on the Turbo.
So off he went again so rather than bore you with the same details it happened again we used the car once lights started flashing it was at this point we knew that we could no longer risk using the car at all, once again we called him back no answer! And again and again we gave up in the end.
We felt now our only recourse was to contact the company directly and explain the situation to them and to be honest they seemed concerned over what had happened and to rectify the situation they would send out a completely impartial mechanic who they employed the services of to give them an unbiased opinion on and what has gone on and how it can be dealt with.
Unfortunately we had to pay for this mechanic to do his report and any of his findings, it was at this point we didn’t realise how bad things were likely to get by the time he had finished he said he would submit his report to the company and in turn the company will send it on to us, but before he left he told us verbally a number of things,
1. This particular mechanic was under investigation and was suspended until further notice regarding a number of other accusations from other customers.
2. He took pictures of the part that my husband challenged the mechanic for not fitting and categorically agreed that this part was never fitted.
3. More disturbingly he told us that he thought that certain parts had been removed/Disconnected as to disguise poor workmanship, I don’t know much about law but no only would that be dangerous but Fraudulent I should think?
4. His advice was not to use the car under any circumstances until this situation was resolved.
At this point both me and my wife were full of mixed emotions distraught ,disappointed and bewildered to name a few but this was soon to turn into frustration and anger over the coming months after contacting the company again and again when all they seemed to be interested in was returning the fee of £715 to us leaving us with a vehicle that is useless , explaining that we could use the money to purchase another engine on eBay and they would fit it for us at a cost of course no mention of just rectifying the awful mess we now find ourselves in, this has gone on for 7 months now with us not seemingly being able to find a way out of this situation we have contacted the company on so many occasions now we have given up it was becoming extremely stressful and the company were being antagonistic not offering any real solutions to our plight.
Recently we have managed to get the car into a Main Dealership to do a thorough inspection and Diagnostic test thus backing up all of the claims made by their so called impartial mechanic.
Customer: replied 19 days ago.
IN SUMMARY
The company themselves have been obstructive all along the way they finally sent us the report which was not the same exact report shown to us by the mechanic.
After refusing to accept any refund without our permission the company decided to force a refund of the £715 anyway.
We have lost 7 months of Car tax/Insurance to date.
The whole idea was to do the work and then sell the car we had an appointment arranged with WEBUYANYCAR.COM. We were offered £2,500 and privately the car was worth £3-3500, we are now left with a car that we can neither use nor sell.
We have had to borrow money to buy another car as both of us are full time carers and we need transport.
In all honesty this cannot be right in this day and age being treated this way by large corporations can it?
I apologise for rambling on but I feel I had to explain the story in full.
I await your earliest reply on this matter,
D.Rawlings.
Expert:  Ben Jones replied 19 days ago.

ok leave it with me please so I can digest all that and will reply this afternoon

Customer: replied 19 days ago.
Ok look forward to hearing your earliest reply on this matter,
Regards ***** *****
Expert:  Ben Jones replied 19 days ago.

Thanks for your patience. When a person enters 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 frame has been agreed)

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

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

If there are problems with any of the above, the customer will have certain rights. In the case of substandard work, like what you have experienced, the trader should either redo the parts of the work which are inadequate or perform the whole service again at no extra cost to the customer. This must be done within a reasonable time and without causing significant inconvenience. If this is not possible, you can claim a price reduction, based on the severity of the issues. If they simply refuse to resolve the issues, you can consider getting someone else to rectify the issues and either deduct these costs from the total owed to the original trader, or pursue them for any extra costs that have been incurred.

You may have received a refund for the work they carried out but that does not mean their liabilities are now over. If through their poor workmanship they have caused you further losses, you may still consider pursuing them for these, assuming they are unwilling to put them right or compensate you further.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further for compensation. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 19 days ago.
Hi Ben thank you for your prompt response,
We are at that stage now where we need to take further action due to the nature of the situation its been 7 months now and we are getting nowhere we have tried appealing to the companies better nature by being reasonable in our actions so far all we wanted was for them to put the car back to what it was this has not been the case thus far, we have spent hours of precious time both calling them and writing to them with no luck we would like to issue some kind of preceedings/small claims etc we feel we have been treated badly and unjust and at present are financially out of pocket what would be your advice be on this?
Regards ***** *****
Expert:  Ben Jones replied 19 days ago.

Any claim you make would be through the small claims court as the value will likely be below £10k which is the threshold. This means it is a relatively low risk option because the fees are not that high to issue the claim and even if you lost you would not be liable for the other side’s legal costs. I can certainly guide you through the initial steps, if you would kindly leave your rating for the initial response please many thanks

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 19 days ago.
Ok Ben that would be very much appreciated as we tried to get advice from the CAB which was another waste of time!
Expert:  Ben Jones replied 19 days ago.

I won’t comment on the CAB too much…they can be tricky to pin down or get advice from as they are always overworked and under-funded. But anyway, in terms of your next steps, if a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

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

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.