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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71328
Experience:  Qualified Solicitor
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I have had a car striped and rebuilt to Factory finish

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I have had a car striped and rebuilt to Factory finish standard the estimated cost was £1550000. and was e mailed the cost was on the high side so no extra charges would follow ! the cost has risen to £2090000 and the car has 27 faults from an independent Mercedes specialist. The car has been back and I have it back at Huddersfield and dubius about letting them have it back again they didn"t rectify the faults last time. Can I have the jobs done locally and demand payments, The company is based in Stratford on AvonRodney Bolton

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. Have you been provided with a breakdown of the additional increase in cost?

Customer: replied 13 days ago.
no

OK thanks, ***** ***** long have you had the car for? Were the faults pre-existing to when you purchased the vehicle?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 13 days ago.
I have owned the car 40yrs. Before they started the rebuild steering box was ok now it is all over the road. the gear box was ok the tested the car before starting told me every thing was ok. there was a small leak of oil from the back axle said it would be fixed that is still there. these are some of the faults now

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

When a consumer enters into a contract for services, the Consumer Rights Act 2015 says that such services must be:

- Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession)

- Provided at a reasonable cost (unless a specific price has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it to proceed with the services in question. If there are problems and the trader cannot satisfy the above criteria, which are legally expected of them, the consumer will have certain rights

In the event 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, the consumer can claim a price reduction, based on the severity of the issues. That is something which should be negotiated between the two parties. However, if the trader refuses to resolve the issues, the consumer can consider getting someone else to do this and either deduct these costs from the balance that is still owed to the original trader, or pursue them for any extra costs that have been incurred as a result.

In order to resolve any problems that have arisen, it is generally recommended that the following steps are followed:

1. Collect all documents relating to the work (e.g. quote, contract, correspondence, etc.).

2. Contact the trader and explain your problem. Ask them to resolve any issues and set a reasonable time limit for them to respond (7 days is acceptable).

3. If the matter is still not resolved, write to the trader repeating your complaint and how you would like them to resolve the issues. Say you are giving them a final time limit of 7 days to resolve the problem or you will have to consider taking legal proceedings to recover your losses and any additional costs. This is also known as a ‘letter before action’ and there are plenty of templates if you do an online search for one.

4. If the trader fails to respond or refuses to resolve the problem, you could consider taking legal action by seeking compensation. Remember that court is a last resort, however threatening it can be a good negotiating tool because it shows you are serious about resolving this and may prompt the trader to reconsider their position.

5. Finally, make sure that you keep copies of all correspondence, in case it is needed in the claims process.

If you wish to take the matter further and issue legal proceedings, assuming you will just be claiming financial compensation, you may pursue your claim via the County Court’s online portal at https://www.moneyclaim.gov.uk/web/mcol/welcome

You may also wish to consider reporting them to Trading Standards, which you can do via the following link: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.