UK legal question

[domtoni]

I hope someone can give me a quick word of advise. I have an old car, not a GT40, and employed a specialist to restore the car. His job did not match the quote, and I want the money I paid him and my associated costs returned. Under UK law, can I get it back? I can prove breach of contract, theft of property, a request for a cash payment to avoid a vat charge.

Can I get my everything returned under British law?

Thanks

 

[Keith]

The short answer is yes, but it does depend on how much we are talking about.

You will have to take him to court obviously but first you must start a paper trail by issuing him with an "invoice" stating quite clearly what you believe he owes you and giving him a set time to respond failing which you will enter a claim against him. Even if you are successful in getting a judgement, there is no guarantee you will ever receive the money unless you take certain steps to secure your debt.

It's a large minefield and obviously you may have received goods and services which he could clearly claim were beneficial to you, so it would be difficult for you to prove that you should have ALL your money back.

If he is a business I would be tempted to inform him (in writing sent by Recorded (signed for) Delivery) stating the extent of your dissatisfaction) that the work he has done is unacceptable and unless he reimburses you with 'X' money in recompense (being mainly the cost of work by others to put HIS work right) you will have no option but to report him to Trading Standards.

The threat is always better than the action, but you must be able to prove that his work was unsatisfactory and have expert testimony to prove it.

As for the request for 'cash' to 'avoid VAT' be very careful what you allege if you can't prove it...or you may end up on the wrong end of a lawsuit. Keep that stuff up your sleeve for when you need it (but again, only if you can prove it).

'English Law' is quite straight forward but does not rely on any emotional or 'just' concept inasmuch as you will have to prove you were wronged.

Step 1. Prove you have a contract (in writing) which alludes to the quality, scope and cost of works.
Step 2. 1/3rd party expert statement on quality of work done and cost of putting it right if unacceptable standard..
Step 3. Letter by recorded delivery stating what you believe you are owed in compensation for bad/non works and giving say 14 days to respond, or 'else'
Step 4. Action depends on response to '3; above.

Step 5. Burn his house down if not satisfied. No, just kidding.

You may decide it's just not worth it after all and put it down to experience. But please, first give the guy a chance (in writing) to put it all right for you and then you will appear to be the 'reasonable' party in any consequential legal action.

Hope this helps.

PS Always attempt to acquire the moral high ground in any legal dispute.

 

[domtoni]

Thanks Keith. I am getting an independent engineers report and for sure will employ a solicitor because he person will blow me off. He had the car twice since delivering the job to correct defects, and I keep discovering more defects. Thanks again

 

[Ian Anderson]

Dom

As far as the VAT goes it does not matter for the claim

If you contracted to pay £1000 for the job including VAT and he has only done 50% of the work he must repay £500.

In effect he will invoice you for 851 plus VAT And when he refunds you in his books do a credit for half that amount and reclaim the VAT in his records.

Ian

 

[domtoni]

Thanks Ian.

I suspect that's why he asked for cash rather than a check. HMS Revenue and Customs may be interested if we go to court (as well as Inland Revenue) if he loses and his local press are made aware of the ruling. At least you kind folks advised that I should be able to get most of my money back as the job has to be done again. 2 years, 900 miles, paint cracking, rust reappearing on repaired welds, etc doesn't bode well for his work.