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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78593
Experience:  Qualified Solicitor
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I have had a very bad experience withe a motor mechanic and

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I have had a very bad experience withe a motor mechanic and wanted to know which organisation to complain to and/or get my car issued resolved with?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: I have spoken to the mechanic on the phone and in person.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Like what?
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.

I understand your query relates to a mechanic that you have had some dealings with. Please provide some more details of what exactly has happened

Customer: replied 5 days ago.
OK. Approx two weeks ago I took my car to a garage to fix a new wing mirror to my car. The works involved supply and installation of the mirror plus paintwork to match the rest of the car body. I was given a quote and subsequently we agreed that the job would take 2-3days starting from 22/7/22. I got a call to collect the car on 25th July but was away so agreed to collect it on 26th July. When I got to the garage, I paid for the work before seeing the car as they said it was parked a street away from the garage. When I got to the car there was a patch along the mirror where the paint had come off. As I was in a hurry (taking my son to the airport), later that evening I I texted a picture of the paintwork to the garage. I noted the message hadn't delivered so I re-sent it to another number of their's as well as trying to call the to report the issue. As I didn't get hold of them I eventually went back to the garage in person on Sat, to show them the mirror. The proprietor looked at the mirror and asked me to bring the car back which I did on Mon. I assumed they were going to repair it. Later in the day on Mon, the mechanic said the car had been impact damaged and they were not responsible for the paint repair as the car had been parked on the street.

OK I understand and so that I can best advise, what specifically would you like to ask about this please?

Customer: replied 5 days ago.
Might I add that I only took possession of the car when the keys were returned to me after I had paid for the repair, so I don't understand how 1) the mechanic believed that based on their assessment of mysterious impact damage (by others) that the car was in my possession from their call for me 2) that they should not put the works right after all the did the work. Is this true?

OK thanks, ***** ***** you had it examined by an independent expert at all?

Customer: replied 5 days ago.
Not yet. I just wanted to establish if his statements were true as the job cast £595 and was moments old for the paint to be coming off.
Customer: replied 5 days ago.
cost

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

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)

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.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 4 days ago.
Hi Ben, and thank you for your response which is as I had expected though generic to general issues of workmanship and customer service, which I am aware of. It is useful to know that I do have legal recourse via the courts and with Trading Standards which I may take up as well as writing to the mechanic again to give them another opportunity to resolve the issue. I have now made arrangements with another mechanic for as second opinion about whether the claim about subsequent impact damage is valid. When this is established, I will follow through will legal action if necessary. Thank you.

You are most welcome and all the best.