Legal advice Please help....

Reusch · Post by **Reusch** » Tue Jul 21, 2015 11:16 pm

Just be careful paying the remainder by credit card and then opening a dispute,I personally wouldn't unless you can get some advice from someone who's in the no and they say go ahead,send him an e mail and letter recorded delivery stating what you intend to do ie go to court for the damage to your car,fuel costs loss of earning etc etc oh and always finish the e mail by saying you would like to sort it out amicably as you don't want to put further costs on for him I'm not saying you would but never threaten or swear also.

Ps I wanted to knock the fook out of the git who i dealt with.

bubbabear · Post by **bubbabear** » Wed Jul 22, 2015 6:30 am

Here you go so first thing to do is to send him a recorded letter stating your costs and time involved as a result of their (in)actions and what you are hoping to acheive. Personally i would fight it as well given its a brand new car that they damaged...and the fact that you had to drive the car home with the major safety systems disabled. Lets see what their reply is before we go down the legal route. Some info on submitting a claim:

https://www.gov.uk/make-money-claim-online

kjb1 · Post by **kjb1** » Wed Jul 22, 2015 8:31 am

right will sort this today, Bubba, Im thinking counter claim for

Fuel costs for 2 trips to Swansea and back

Two days holidays to sort issues

Devaluation to a brand new car as paintwork is now non original

Costs of smart repair

Costs of ecu coding

My time stress and efforts

Wear and tear to car for extra mileage involved

anything else??

Sent from my iPhone

kjb1 · Post by **kjb1** » Wed Jul 22, 2015 8:31 am

[quote="bubbabear"]

Here you go so first thing to do is to send him a recorded letter stating your costs and time involved as a result of their (in)actions and what you are hoping to acheive. Personally i would fight it as well given its a brand new car that they damaged...and the fact that you had to drive the car home with the major safety systems disabled. Lets see what their reply is before we go down the legal route. Some info on submitting a claim:

https://www.gov.uk/make-money-claim-online
[/quote]

thanks for this by the way

Sent from my iPhone

weirdfish · Post by **weirdfish** » Wed Jul 22, 2015 9:32 am

I think as long as you are seen to be reasonable then that should work in your favour should it go any further, ( legal wise ).
As others have said, don't pay anything more and just write a polite, but to the point, letter with all your costs, send it recorded and await his response.
I might add, why are you not claiming for a proper repair to the damage to the bodywork, it's a new car and should not just be " patched up "
Don't take phone calls from him, and don't call him yourself, it's always better to have a "paper trail" that you can refer back to.

kjb1 · Post by **kjb1** » Wed Jul 22, 2015 10:16 am

I have decided everyone. To reduce risk on me, I am sending a recorded letter today informing owner I will pay balance in full " in protest " and will be seeking to recover claims / damages compensation etc. at a later date.

Once I know I have no risk of a ccj against me I can really go at this 100%, with no fear of financial ruin for 6 years.

I hate doing this but feel I am literally over a barrel.

Feel like I am letting him win, but fingers crossed he will lose later on.

Sent from my iPhone

Steamyrotter · Post by **Steamyrotter** » Wed Jul 22, 2015 1:00 pm

Good luck mate.
Bit of a bugger all that.

Have you legal cover on your car insurance???
Some places will give you a short consultation for minimal outlay?

Nat · Post by **Nat** » Wed Jul 22, 2015 1:16 pm

You have to do what you feel is right for you ,

Personally I wouldn't pay him a penny.

You will NEVER get a penny off him. I Gtee you that.

I also cant see the credit card company helping or being happy ( I don't know the law on this ), but couldn't they argue you paid for defective goods/services after the event / dispute started so deliberately put them at risk. ?
As you said, you could send a letter with all your costs/expenses and say you are going to offset those against his charges for the towbar and wish him a happy life.
Personally I would call him and tell him he is a pr1ck and lucky you are not suing him for all the damage and that the towbay doesn't even cover your costs let alone any compensation and he is best off leaving it at that otherwise you will go for him via trading standards / court/ internet.
I very much doubt he would go to court. If he does he has to notify you. If it were me in that instance I woult tell the court I paid the balance in cash and he refused to give a receipt. He could not prove you didn't .
I suspect your costs were higher then his so he still owes you money.
Note that you can take him to court too, ruin his business reputation , & small claims court is cheap & easy enough to do.
Also advise him the internet is a powerfull tool . You will leave negative reviews/feedback and of course dont forget you have your supplying dealer that did your repairs as your proof your car was damaged.

Don't delay, don't pay.

Name and shame please.

The very best of luck and what a terrible start to a new car.

weirdfish · Post by **weirdfish** » Wed Jul 22, 2015 1:42 pm

As has been said, it's entirely up to you, but you've been given some very good advice on here, from people who have probably been through similar situations.
i would certainly write the letter claiming all your expenses first, then wait for their reaction, and then maybe decide what you want to do.
But it's up to you.

kjb1 · Post by **kjb1** » Wed Jul 22, 2015 1:58 pm

[quote="Nat"]
You have to do what you feel is right for you ,

Personally I wouldn't pay him a penny.

You will NEVER get a penny off him. I Gtee you that.

I also cant see the credit card company helping or being happy ( I don't know the law on this ), but couldn't they argue you paid for defective goods/services after the event / dispute started so deliberately put them at risk. ?
As you said, you could send a letter with all your costs/expenses and say you are going to offset those against his charges for the towbar and wish him a happy life.
Personally I would call him and tell him he is a pr1ck and lucky you are not suing him for all the damage and that the towbay doesn't even cover your costs let alone any compensation and he is best off leaving it at that otherwise you will go for him via trading standards / court/ internet.
I very much doubt he would go to court. If he does he has to notify you. If it were me in that instance I woult tell the court I paid the balance in cash and he refused to give a receipt. He could not prove you didn't .
I suspect your costs were higher then his so he still owes you money.
Note that you can take him to court too, ruin his business reputation , & small claims court is cheap & easy enough to do.
Also advise him the internet is a powerfull tool . You will leave negative reviews/feedback and of course dont forget you have your supplying dealer that did your repairs as your proof your car was damaged.

Don't delay, don't pay.

Name and shame please.

The very best of luck and what a terrible start to a new car.
[/quote]
[color=

A rather useless company which when resolved will go from there.

Sent from my iPhone

kjb1 · Post by **kjb1** » Wed Jul 22, 2015 5:59 pm

Ok so I have had second thoughts, Ive now constructed a letter highlighting all the errors, faults, costs etc, and have offered to pay £300 of a £600 bill, with the reasoning it is an extremely fair offer and this way both parties costs are covered. Sending it recorded delivery in morning, will await his response now I guess.

Sent from my iPhone

weirdfish · Post by **weirdfish** » Wed Jul 22, 2015 6:12 pm

Personally I would just send the letter explaining all the costs you've incurred getting this put right, then wait for his response, it might turn out he just writes it off as a bad job, and can't be bothered fighting it.
A well drafted letter usually shows you mean business, and know what you're talking about, ( even if by chance you don't ).
You could use the £300 you've mentioned to get the bodywork put right properly.
Just a thought.

Reusch · Post by **Reusch** » Wed Jul 22, 2015 6:17 pm

As above I wouldn't pay a penny

kjb1 · Post by **kjb1** » Wed Jul 22, 2015 6:55 pm

He is genuinely not interested in me paying nothing, I can assure you that. The repair done tidily will be £175 to do, and that voids going into a whole panel in terms of paint, as I don't want to lose original factory paint at the end of day. Therefore a good smart repair is my only choice.

I am quite sure if it went to court I have a very strong case, however I am concerned of the outcome and possibly a CCJ at worst against me. My only concerns being you are meant to give a trader chance to put the wrong right. I did not, as really in this instance I had no choice, he wanted me to drive two hours back to him with car full of errors to attempt to do it again, and no doubt my insurance would have been invalidated driving with those conditions present. Plus I honestly know it was beyond their capabilities / equipment to code so therefore had no choice but to go elsewhere.

Having offered this £300 etc, atleast if I was taken to Court then the Judge would see I have been more than amicable to try sorting this mess out, and that he is clearly wasting the courts time and that surely would go in my favour.

At the end of day I don't want to pay him a single penny, and wish him every failure in his business possible!!! I just feel I have no real choice!!

Sent from my iPhone

lezmtaylor · Post by **lezmtaylor** » Wed Jul 22, 2015 6:57 pm

Join'' Which'' legal services, doesn't cost much and they were brilliant when my honeymoon resort was a disaster.

Lez

XSeries-forum

XSeries-forum