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Legal Advice for dispute with invoice of work done on Westfield


Tim Reid

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Without going into details I had some work done on my car which was custom.

In my eyes, I set a time limit, the work was not completed, was not to standard, other damage was done, it took far longer than it should have due to their lack of skill/experience.

In their eyes, they spent time on it and want payment.

I have to car in my possession and working on finishing/fixing it. I paid approximately 60% of total invoice which is 100% of the "agreed" work. (Agreed in my eyes).

Any ideas how I can move this forward. They want payment and are looking formal about it. Should I get legal advice? Phone them and try to settle on a mid point? Accept that it's custom work and they spent too much time on it and I have to pay.

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This isn't a legal reply in any sense. 

It's a hard one to reply to and offer advice without the full picture, let alone the amount of money involved.

If I were in your shoes I'd photograph and document the other damage and get a bona fide estimate to correct it.

I'd then document the agreed work against that completed, pointing out any sub-standard issues.

Then send them copies explaining that, in your view you've paid x amount (60%) but are unwilling to pay the balance because of a) the sub-standard work, b) the incomplete work and C) the cost to repair the damage done.

I'd state as far as you're concerned then that is an end to the matter, unless of course the cost of repairing the damage is more than the 40% balance requested by them, in which case ask for a partial refund before you take further advice.

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I suppose it depends on what they quoted for and/or agreed to do? 

If you've asked them to do a set job and they've quoted to do it then i would expect to pay that amount and expect the work to be complete. If it's taken longer than that it's their problem for underestimating the time.

If the agreed work hasn't been completed then yes I agree you need to work out a percentage of work done vs the total bill.

If however they've agreed to carry out work and charge by the hour then I'm not sure how you can dispute it if they can provide logs of the time worked.

Unless obviously you can provide evidence that the work carried out was sub standard or unsafe then I'd tell them to stick it and consult a solicitor if they start getting heavy handed.

All just my opinion of course.

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You can get 30 minutes free legal advice at C.A.B. but I reckon it will come done to what can be proved ie. a written job sheet with time and cost quoted then if not done to an acceptable standard or damage done then a counterclaim is possible.

See  https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-car-repair/

Good luck.

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Thank you all. Good advice.

I've spent some time looking at the CAB site and in summary under the Consumer Rights Act 2015 I can claim the cost of the work is not reasonable. They may try and answer this with a detailed job sheet. We would need to try and negotiate.

I can ask them to resolve the issues at their cost.

If that fails I will ask them if they are a member of any trade association such as The Motor Ombudsman or Retail Motor Industry Federation.

If no, I must ask them if they are a member of an alternative dispute resolution scheme.

 

I'm going to clear my head, take some time, think calmly, consider their point of view and try having a chat with them.

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What type of work was carried out? I ask this as if it is mechanicall work the quality is quantifiable. If it is cosmetic work things get a little more vague.

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Hi Tim

I can speak from experience, l was overcharged ,work done i never asked to be done and the work they did was very poor. I paid what they asked for and then slagged the **** out of them . That didn't go down to well as this company had its lovers that would defend anything they had done , some people are totally blinkered. If we're  talking tens of pounds and not hundreds I'd pay them and move on. 

Tony

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We're not talking cosmetic work and in the low thousands.

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Tim I had a similar issue albeit with work on my house roof. I took legal advice and the upshot was that the burden of proof was with me to prove that there was a quote based on a specific scope of work undertaken in a specific timeframe (and that the quantum was specifically based on and linked to both factors). Without being able to prove this I was advised to pay in full sadly which I did begrudgingly.

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Was it a quote or an estimate? Quote is fixed estimate is more open .... 

I take the moral view.. if you honestly feel that the job is really poor, quality time attitude etc..and can more or less prove it.. don't pay...but do everything a solicitor would.. photos, times, written down and sent to them recorded delivery and electronically.. with a good genuine explanation.. and see their reply..

If it is a job that is average and less clear cut I would write as above but make an offer to show willing...

Just do it clearly and politely and honestly..

Good luck..

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I was given the following advice which worked for me.

I was advised to contact the company in writing with my issues and I had to give them an opportunity to fix the problems, I did this and they failed to complete the works to the specification discussed in the first place. I wrote to them a second time acknowledging there attempts to correct the work but it was still far short of complete.

I then contacted two other reputable garages who effectively put a value on the work done, each invoiced me £25 for the written quotes, I had to agree that though substandard a portion of the job was complete or progress had been made towards completion. I then wrote a letter to the first supplier explaining that I had given them every chance to fix the issues, I also included the two garages valuations of there work. I took an average of the two valuations and sent cheque for that amount to the first supplier detailing my calculations in the letter. I also stated that if they banked the cheque I would take that as there acceptance of final settlement. There where many threats made towards me but I don't think they could argue with the independent valuations which to be fair I couldn't either, fortunately for me they banked the cheque some weeks later and I was able to move on.

Wishing you luck.

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Thank you for the additional comments.

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Hi,

the motor ombudsman might be another route to get advise from, they are a fully impartial and only deal with the motor trade.

i have never needed to use it or know anyone but thought I will just let you know about them.

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