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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5980
Experience:  Senior Associate Solicitor
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I carried some gas work on a horsebox for a lady 4 months

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Hi I carried some gas work on a horsebox for a lady 4 months ago. She just had the vehicle gas tested by someone else which has found a leak. I've assured her that at the time when I tested the vehicle it wasn't leaking but she is threatening me with legal action. Where would I stand?
Assistant: Where are you? It matters because laws vary by location.
Customer: Norwich Norfolk
Assistant: What steps have you taken so far?
Customer: Nothing yet as she never asked me look at the vehicle, this is the first I've heard of it
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The vehicle has been moved and used since I tested it 4 months ago and I have said to the lady that the test is only relevant to the time it is done.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

She may allege the work was below standard and in breach of the Consumer Rights Act 2015. She would need to show the work was not carried out with reasonable care and skill - so in all likelihood she would need a report from another expert to say you missed something or that the work was sub-standard. It would come down to your word against hers if she cannot provide a supportive expert report. There isn't much you can do to stop her from issuing a claim - you would have to defend the claim once you receive the court documents. It is easy to respond to - the court will send you a response pack to fill out to either admit the claim or deny part or all of it. Just ensure you fill it out and return it to the court quickly as if you delay then the claimant can request default judgment against you.

You can try to put her off issuing a claim by telling her she used the box in the intervening period and that the test is only relevant to the time it is done, so if she issues a case then you may apply to the court to strike out her claim due to having no merit. And you will seek your costs of doing so. I can help you apply if it comes to that stage.

She may decide against it if you write back to her with the above arguments - and she is under a duty from the court to try and avoid litigation wherever possible.

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

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Customer: replied 7 days ago.
Ok thank you very much for your help, I may be back in contact soon. Many Thanks Justin