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Author Legal Help Please
iceman
Member

Registered: 22nd Jul 00
Location: Berkshire
User status: Offline
27th Jun 05 at 17:19   View User's Profile U2U Member Reply With Quote

Ive just had a call from the "Bodyshop" asking for payment for the work they did on the car. I didnt answer it as i knew it was them. The voice message was as follows
"Hi There its ... from the bodyshop your bill is now due, when would you like to bring the car back to have the problems rectified (SP) "

i havent heard nothing from this company in over 6 weeks now, and before then i had to chase for nearly 2 months to get them even to think about sorting out the car..

What do i do? Where do i stand LEGALLY
Skinz
Member

Registered: 15th May 03
User status: Offline
27th Jun 05 at 17:21   View User's Profile U2U Member Reply With Quote

i dont really understand you need to explain the previous history of the case, what did they do before etc
iceman
Member

Registered: 22nd Jul 00
Location: Berkshire
User status: Offline
27th Jun 05 at 17:24   View User's Profile U2U Member Reply With Quote

the car went into this bodyshop to have the old kit removed and the standard gsi kit fitted and blented plus some other work like rust removal. The car came out nearly 6months later in worse condition than it went in.
Spray on the windows, seats. the rust has been just sprayed over the kit cracked after reversing it off a toe truck. they managed to fcuk up my engine loom wiring and this was just the start
Dom
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Registered: 13th Sep 03
User status: Offline
27th Jun 05 at 17:27   View User's Profile U2U Member Reply With Quote

take them to the small claims court mate, but you need some proof of what they did (ie: pics before after etc) - although, you should have told them to sort the problems out there and then, and moaned about it etc.

might be worth phoning them back and tell them that the work they did was crap etc and what there willing to do
Graeme
Premium Member

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Registered: 26th Jul 04
Location: Northampton
User status: Offline
27th Jun 05 at 17:30   View Garage View User's Profile U2U Member Reply With Quote

take it down to them and tell them to fix it and when it is fixed to your satisfaction then you will pay them!!!
Skinz
Member

Registered: 15th May 03
User status: Offline
27th Jun 05 at 17:31   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by iceman
the car went into this bodyshop to have the old kit removed and the standard gsi kit fitted and blented plus some other work like rust removal. The car came out nearly 6months later in worse condition than it went in.
Spray on the windows, seats. the rust has been just sprayed over the kit cracked after reversing it off a toe truck. they managed to fcuk up my engine loom wiring and this was just the start


so they want paying for this i take it? they havent got a hope in hell, they should be putting it right for FREE if anything
iceman
Member

Registered: 22nd Jul 00
Location: Berkshire
User status: Offline
27th Jun 05 at 17:32   View User's Profile U2U Member Reply With Quote

i havent paid them jack they want the car back to finish the work and then get paid
Kerry
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Registered: 5th Oct 01
Location: Norwich
User status: Offline
27th Jun 05 at 17:42   View User's Profile U2U Member Reply With Quote

you have to give them the opportunity to put it right or you dont have a leg to stand on
Mo
Member

Registered: 29th Jan 03
Location: Bolton, Drives Q3 S-line +
User status: Offline
27th Jun 05 at 18:10   View User's Profile U2U Member Reply With Quote

^^^^^ as Kerry said if they are willing to rectify the problem then u have to give them to chance but this should be at no extra cost.
stuartmitchell
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Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
27th Jun 05 at 18:13   View User's Profile U2U Member Reply With Quote

But look at it from Icemans point of view, they have fucked his car up before and after x amount getting the tb's and management sorted out recently does he want to have to go through all that again?

The bodyshop owes a duty of care to do the work to a reasonable standard, obviously this was not done and infact made things worse. I reckon if he went through court with evidence of poor workmanship he would be able to dispute the fee and take the car elsewhere.....

Im no Ally McBeal though so prove me wrong
Kerry
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Registered: 5th Oct 01
Location: Norwich
User status: Offline
27th Jun 05 at 18:15   View User's Profile U2U Member Reply With Quote

my mum had a problem with a repair on a flat roof and when she sought legal advice she had to send a letter giving them opportunity to put it right. you have to give them a reasonable date aswell stating that if they do not come to an arrangment by that date you will take legal action
Skinz
Member

Registered: 15th May 03
User status: Offline
27th Jun 05 at 18:16   View User's Profile U2U Member Reply With Quote

you have no legal obligation to take it back there for round 2
stuartmitchell
Member

Registered: 24th Apr 04
Location: Kirkliston, Edinburgh
User status: Offline
27th Jun 05 at 18:18   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Kerry
my mum had a problem with a repair on a flat roof and when she sought legal advice she had to send a letter giving them opportunity to put it right. you have to give them a reasonable date aswell stating that if they do not come to an arrangment by that date you will take legal action



so IF the bodyshop takes the car, repairs what needs attention but the car comes back running shit can Iceman then go and make an appeal?

I would be more woried about the engine than the bodywork imo
Kerry
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Registered: 5th Oct 01
Location: Norwich
User status: Offline
27th Jun 05 at 18:20   View User's Profile U2U Member Reply With Quote

i am no legal bod just going on past experience but im sure you have to give people opportunity to put it right unfortunately

best bet is contact trading standards or citizens advice
Mo
Member

Registered: 29th Jan 03
Location: Bolton, Drives Q3 S-line +
User status: Offline
27th Jun 05 at 18:20   View User's Profile U2U Member Reply With Quote

true i see what your saying but if the are willing to put it right for free then they have to be given the chance cause materials and labour has already been put into the car which cannot be removed hence the chance of retifying the problem and the bodyshop getting paid.

(this is only my opinion and from what i know so don't quote me on it)
Skinz
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Registered: 15th May 03
User status: Offline
27th Jun 05 at 18:21   View User's Profile U2U Member Reply With Quote

i would in the very least ask for a reduced cost for inconvenienve
Mo
Member

Registered: 29th Jan 03
Location: Bolton, Drives Q3 S-line +
User status: Offline
27th Jun 05 at 18:23   View User's Profile U2U Member Reply With Quote

TBH if i was in Icemans shoes i wouldn't wanna take it back but i got a feeling he's in a no win situation
Greg_M
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Registered: 2nd Sep 03
Location: Grantham, Lincolnshire
User status: Offline
27th Jun 05 at 19:35   View User's Profile U2U Member Reply With Quote

you have to give the company an opertunity to fix the problems, otherwise you are fecked.

people go on about
'im going to get it fixed and send them the bill'


well if you do, the company is within its right to refuse.
corb
Member

Registered: 24th Apr 02
Location: Calgary, Alberta, Canada
User status: Offline
27th Jun 05 at 19:40   View User's Profile U2U Member Reply With Quote

surely that should be the same case for insurance? If you damage someones car, and offer to pay for repairs IN FULL, then theres no necessity to go through insurance
iceman
Member

Registered: 22nd Jul 00
Location: Berkshire
User status: Offline
27th Jun 05 at 21:10   View User's Profile U2U Member Reply With Quote

if the car goes back to them im am going to ask for a major discount seeing as they have taken so long to get back to me oh and i will give them a 2 week notice and requesting a courtesy car while they have my motor
Richie
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Registered: 3rd Dec 02
Location: Newport, Wales
User status: Offline
27th Jun 05 at 21:16   View User's Profile U2U Member Reply With Quote

then pick up the phone, its a start. Try getting the phonecall recorded too.
iceman
Member

Registered: 22nd Jul 00
Location: Berkshire
User status: Offline
27th Jun 05 at 21:18   View User's Profile U2U Member Reply With Quote

now thats an idea
RKS
Member

Registered: 2nd Mar 04
Location: Gloucestershire UK
User status: Offline
28th Jun 05 at 11:29   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Richie
then pick up the phone, its a start. Try getting the phonecall recorded too.


you have 2 tell them you are recording, otherwise they can do you.
Rob_Quads
Member

Registered: 29th Mar 01
Location: southampton
User status: Offline
28th Jun 05 at 11:34   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Skinz
you have no legal obligation to take it back there for round 2


Correct BUT you then have to pay up and let that be the end of it.

If you want the problem to be fixed BY LAW you need to give them 3 chances to do the job (i.e. the original job + 2 fixes) so you. need to give it back to them. IF they don't fix it after the 3rd attempt you can take the car to another bodyshop (after getting a range of quotes) get it fixed and them claim the costs from the first bodyshop.

BUT I think you will even then still need to pay them the full account to the bodyshop. You possible can not make payment BUT only do this if you are happy to have a court judgement against your name.

It will look much better if you have payed and taken someone to court than have a court judgement against you.

[Edited on 28-06-2005 by Rob_Quads]
Greg_M
Member

Registered: 2nd Sep 03
Location: Grantham, Lincolnshire
User status: Offline
28th Jun 05 at 11:56   View User's Profile U2U Member Reply With Quote

you dont have to give them three attempts at all, if the work is unsatifactory after the attempt to fix it you must inform them.

However be wary, they are within their right to ask for the bill to be paid, or at least a potion of it

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