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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23515
Experience:  Senior Partner at Berkson Wallace
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I refer to "Order ID 27858491-520. I have been seeking

Customer Question

Good morning , I refer to "Order ID 27858491-520.
I have been seeking guidance about work done by ejward ( Triumph Stag Specialists) without informing me and thus without my approval.
I live in Ambergate , a village12 miles north of Derby.From your advice given to date it is my understanding I have two possible routes to follow
1. Inform ejward of my dissatisfaction, and if no compromise solution is agreed, pay the total invoice as presented; Then proceed thro' the local ( Nottingham )Small Claims court to recover the costs of works which had I been informed would NOT have received my approval.
2. Refuse to pay the total invoice as presented and suggest that ejward proceeds thro' the Small claims Court to seek the outstand amount invoiced. If this results in EJward refusing to release the car I then invoke form N16A
I am familiar with the Small claims procedure but not the use of Form N16A.
Would you kindly take me step by step thro the procedure.I would prefer this to be in writing so that I may dwell on your advice and make considered and relevant questions should this be necessary.
regards
Mr William Peckett
Submitted: 14 days ago.
Category: Law
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Stuart J replied 11 days ago.

Good afternoon.  Thank you for the question.  It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight.

So in essence, is it that the garage did a whole load of work without your consent and now want paying?

On what basis did they simply go ahead and do this without so much as by your leave?

How much money is involved?

How far have you gone with the process?

Do you have any specific questions please?

Expert:  Stuart J replied 10 days ago.

Let me answer this as far as I am able.

No 2 lawyers have the same way of dealing with something.

My personal view here is that I would pay the bill, get the car back, and then take them to the Small Claims Court (assuming the claim is under GBP10,000) on the basis that you paid under pressure/duress/mistake, to get the vehicle back.

It depends whether cash flow will allow it because a small claim, if defended, could easily take 12 months to get to court.

The court fee alone for an injunction application is GBP308 and there is a lot more work involved with the application and the witness statement and certificate of urgency and it may not work because of the alleged debt hanging over you and the vehicle.

You could use the injunction application form N16A which would also need a witness statement

The majority of court documents take the same format.  Here is the format of a Witness Statement

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

Please note that the Statement of Truth at the end of a witness statement has changed and here is the new wording: https://parissmith.co.uk/blog/guidance-signing-statement-of-truth/

So you will see that the payment in small claims is far more straightforward.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 8 days ago.
I have just spent 30 mins responding but I'm now not sure it has reached you. In short you are correct about the situation. The garage is unaware. A sum of around £1200 has been invoiced for unauthorised and unnecessary works. I hope to reach an agreement with them and your advice and that of Ben Jones may persuade them to accept my proposal.
My thanks to you for your clarity and advice
Kind regards
Mr Bill Peckett
Expert:  Stuart J replied 8 days ago.

We are always glad to help.  The only reply I have from you is this one saying that you’ve just spent 30 minutes.  Remember, the thread remains open and if anything else crops up you can just post up on either this thread or that with Ben and we will be happy to follow up again for you.  We hope you get it sorted.  Kind regards

Customer: replied 8 days ago.

Very kind of you. My success in a previous Small claims action against XXXXX XXXX in which I had to pay £5,000 to repair work done by them ( also on my Stag ) was thrown out by the Magistrate. He deemed I had paid too much to correct the errors. However he revealed he had just bought a Stag so I guess he had an invested interest . Both the defendant and their Barrister were delighted in the outcome. My cohesive illustrated presentation folder had been ransacked into a confused "bundle" I thought it was an open and shut case - I had decline a previous offer of £1000in settlement . I guess I wasn't sufficiently quick-witted to steer the course of events.

Expert:  Stuart J replied 8 days ago.

I had a Stag once and although it’s a bit dated now, I loved it.

However developing that engine when there was a perfectly good ex Buick engine available makes no sense whatsoever.

The water pump being so high up in the block doesn’t do any favours because there is no water flow if the water level drops and hence the problem with the cylinder heads.  And then when you have the problem of the cylinder head you can’t get it off because of the stupid angled studs which is another design disaster.  As if to add insult to injury, it has that great big long Serpentine timing chain which is not up to the job.  The engine could have been brilliant but it failed because of the detail.

Mine had the cylinder had problem in that it leaked and we couldn’t get it off.  I sold it like that and I’m almost certain that the buyer (who had a garage) ended up scrapping the engine because the stumps was so corroded it simply would not come off.

But an absolutely beautiful car with a not so beautiful engine although as engines go it actually looked really good.

Lewis Dawtry has a lot to answer for.  The management of BL has a lot to answer for with the stupidity of carrying on such a flawed design just because they had designed it and they didn’t want to be seen to have wasted money.  I will get off my soapbox now.  I still miss the car.

Going back to your case, this is the judge likes you and has an interest, you are halfway there although you never know, in your case the judge may have used that particular classic car repair company himself and didn’t want to upset them!

That’s how you get on.  Please do stay in touch.

Customer: replied 7 days ago.
Hi interesting . My Stag was built in 1973 and I've had it since 1978. Although the engine never failed me the problem was, as you suggest, the cooling system and the introduction of different metals for block and head resulting in electrolysis and the fusing of head to cylinder head bolts. I had the occasion to watch a "mechanic" one foot on either wing using a sledge hammer to destroy the heads.
I converted to a Rover 3L SD1 engine and gear box in1980.
It has a Holley Carb ; Twin speed fan cooling with manual over-ride option: Reversing sensors:: Electrically operated wing mirrors, Blue tooth and built -in Sat-Nav , and, I am surprised to learn, ( amongst other things), a recently rebuilt Hard Top,
and that's where we came in .
kind regards wpp
Expert:  Stuart J replied 7 days ago.

Lucky you having owned the car for all that length of time.  Dearly loved.

I know that some people who have done the rover conversions have butchered the bonnet although I understand that if you use a MGB V8 manifold or a different carburettor, it still fits underneath.

With regard to the original cooling, I think it could have been resolved with an electric pump in the bottom holes but too late now.  The other problem of course is that you don’t need much damp around the cylinder head studs to get them to corrode into place.  The slots in the top of the angle studs was never going to work.

I had an almost perfect hardtop because from memory they get metal moth along the edges quite badly.  The problem of course with the hardtop is that you have to store it somewhere.  A bit like camping car top boxes.  Used for one week per annum and then you trip over them in the garage for the rest of the year.

Out of interest, what exactly is it that the garage did for GBP1200, which they simply took it upon themselves to do and charge you?