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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We purchased specialist car paint from a supplier we had received

Customer Question

We purchased specialist car paint from a supplier we had received a sample pot from for a custom colour. This was paid for in advance but once the vehicle was resprayed, after extensive prep work we quickly realised the paint was the wrong shade and not as per the sample provided. The paint supplier eventually offered to replace the paint but the second round of prep work (sanding down to the metal, applying primer, sealant, and subsequent second coating of colour) we were left out of pocket circa £7,500 plus we were delayed in opening a retail business store and lost sales as a direct result of this delay in our vehicle having had to have been resprayed. Do we have a claim? Thank you for your help.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You need to write and set out your losses and request a refund of the £7500 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: 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 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 2 years ago.

Hi Alex,

Thank you very much for your reply so far.

Can a claim be made for loss of earnings due to a delay in having the trading unit ready to open also?

The directly attributable costs such as paint, and labour are below £10,000 but if we were able to pursue for loss of earnings/ takings because the store did not open, for example, two days prior to the date it actually did then we would have lost more than £10,000 using an average of sales over the period of trading to date.

Also, any filing for small claims, would this limit us from claiming additional sums in the future as per the above lost sales?

Can counter claims be made against a small claim? (Although I cannot think of any reason why the supplier could, I just wanted to ask this just in case)

Finally, are there costs additional to the application fee for small claims should we lose the case/ what are these likely to be (if you can quote average costs)?

Thank you in advance.

Expert:  Ash replied 2 years ago.
You can only submit one claim, so you either need to limit to £10,000 or go over and have it so its fast track. This means there are Court rules and procedures to follow. In a fast track if you take it to Court and lose then you are liable for the other sides legal costs.
Yes they can issue a counter claim, you can't stop that. There is an issue fee and hearing fee. Fees can be found here:
You can sue for any and all losses as a direct result.
Does that help?
Expert:  Ash replied 2 years ago.

I am just following up on this. Is there anything else I can help with? If so, please let me know.