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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62598
Experience:  Qualified Solicitor
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I recently asked manley motorcycles to remove 2 tyres for me

Customer Question

I recently asked manley motorcycles to remove 2 tyres for me so i could get my rims refurbished on my custom harley davidson chopper.when i picked up the rims i had to ask for the tyres as in my eyes had no wear hardley at all .the larger tyre of the two the rear tyre was destroyed in the process to the value of £220 the cheapest i can find to replace it.they also caused some dents to the rim but there was allready some damage to the one of custom rim but im not worried about that as i wanted to refirb it any way.i message to say i wasnt happy about it and he said the tyre was old and had gone hard and also basically accused me of trying to remove the tyre with screwdrivers or something (which wasnt the case) .my argument is if they where going to destroy the tyre or if there was a danger of the tyre being damaged in the process then i should have been consulted prior to its destruction.please where do i stand
Assistant: Where are you? It matters because laws vary by location.
Customer: Walton on the naze essex
Assistant: What steps have you taken so far?
Customer: I have sent him three emails and he under duress has sent me two back
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 16 days ago.

How long ago was this?

Customer: replied 16 days ago.
23 december 2019
Expert:  Ben Jones replied 16 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 16 days ago.

Many thanks for your patience. When a person enters into a contract for services, 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)

 

So really you can only challenge them if they had acted negligently, below the standards expected of a suitable competent trader in their position.

 

It could well be that they only realised the tyres may not be salvageable when it was too late and they were already damaged, in which case it would have been pointless contacting you.

 

There is a lot for you to prove to be able to hold them liable so think about all that if you were to take it further. Also, whilst you can complain directly to the to start with, they cannot be forced to do anything about it so if they refuse to accept liability you can onlky make a claim against them for compensation and tat would be for thir current value, not what they would have cost to replace new.

 

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.

 

Does this answer your query?

Expert:  Ben Jones replied 14 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 13 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you