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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have a subaru samba which is converted into a mobile coffee

Customer Question

We have a subaru samba which is converted into a mobile coffee business. We had trouble with the gear box and we took it to the Mechanics. As it is an import van we had to source the gear box which took some time. However after parts being bought and six months’ worth of promises of fixing it, the mechanic then said that they couldn't fix it. Due to my husband having cancer last year I had to put it to one side. We have now got some money to fix it and took it to gear box specialist who said that the work that had been done has now damaged the coffee van and it is unrepairable. The previous company said they don’t know where the original gear box or manual as it had been five months since we took it back. They did not give me the opportunity to pick it up from them before discarding the original gear box. They also tried to fit in a two wheel drive into a four wheel drive in to the van. We spent money on rental at a train station during this time and the business was worth £20,000 as a going concern. Please can you advise me if I have a case.
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What is the cost of replacement please?
JACUSTOMER-8p2sm4da- :

Hi Alex. When you say replacement. Do you mean the Mobile Van or the gear box?

Alex Watts : Either? I assume c
Alex Watts : I assume the whole van needs replacing or is it just gearbox?
JACUSTOMER-8p2sm4da- : The gear box if that's all it is as we are waiting for an email from the mechanics will cost about approx 3k including labour. The whe van if this is not fixable will be about 18k as it was customised.
Alex Watts :

The mechanic has a duty under Section 13 of the Sale and Supply of Goods and Services Act 1982 to act with all reasonable skill and care.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded 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: or by completing form N1 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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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