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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51620
Experience:  Qualified Solicitor
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I had my horsebox undergoing body repair works by a

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I had my horsebox undergoing body repair works by a professional company. I had just had the vehicle serviced and delivered to the company. They were due to repair some water damaged areas and return in time for the annual test in October. They did not deliver on time.
They took the vehicle to the paint shop and on return to their yard it broke down.
Subsequent investigation shows the vehicle has been run and stopped repeatedly, overheating the engine and causing mechanical failure of multiple mechanical elements.
The interior works undertaken in the living area are well below standard and not acceptable.
Who is liable for the damage to the engine as it was not in my custody

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

Customer: replied 6 months ago.
Thank you

How long ago was this work carried out?

Customer: replied 6 months ago.
The vehicle was recovered from the breakdown in early February this year
Customer: replied 6 months ago.
Okay

OK, thank you for your response and for the phone call request. I am not available to talk at this present time but leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many 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)

If there are problems with any of the above, the customer will have certain rights:

In the case of substandard work - 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.

As the vehicle was not in your care when the issues occurred you cannot be held liable and it would be the body repair shop. You would not only be claiming a breach of your consumer rights as above, but also negligence by arguing they did not look after it properly whilst in their care.

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 if you had to pursue them 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

Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you
This is very helpful especially as the interior work is substandardI am sure I will have additional questions

Thank you. 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.

Customer: replied 6 months ago.
Thank you for your help and guidance. Today, my wife and daughter have been more closely look at the lorry and the repairs. The quality of finish is nowhere near that which it is replacing internally. The fixtures and fittings are not fitted properly with large areas of mastic being used to fill joints, there is also now a hole in the floor, which had been covered over by carpet to hide.
I have constructed a form of words, but due to the evidence found today, I have asked for an independent review of the works and a report produced.
We are still to test all the electrical systems as these would have been disturbed during the repairs. It is also reported that the entry door is not fitted square and is slightly leaning.
They have taken pictures as evidence and for reference.
We initially paid the repairer £3000 of the £5000 agreed in good faith and to cover materials.
I met with him when the vehicle was undergoing mechanical repair and discussed the areas of finish which were easily identifiable and he was allowed to rectify these (to a very poor standard). We discussed how the vehicle had been cared for at his premises and he admitted that it had been moved by a non-qualified driver on site (not on the roadway). The engine damage will amount to in excess of £6000 and he denies all responsibility claiming they started and moved it appropriately.

Hi there, if you can get an independent professional opinion on the works they carried out that would be very useful. You can then use that as evidence in the event that y had to consider taking it further and it will also form the base of your legal argument that the works were mot carried out to a reasonable standard. Hope this clarifies?

Customer: replied 6 months ago.
it does help provide clarity
I really appreciate your help

You are most welcome