Legal advice required

[petrolhead]

I will keep the identities anonymous but.....

 

The situation - I have a friend on OSF who has taken the time and effort to import a solid Mk1 Escort (and very nice it was too).

 

He isn't made of money but he wanted to build a truly nice Cosworth powered sleeper. He decided to get the shell shot blasted and primed so that he can build on a first class shell. The company that did this have done a few classic cars before.

 

But when he got the car back from the shot blaster EVERY single external panel was caved in and warped (roof, 1/4 panels, doors). The pressure used was so great that the 'X' frame under the bonnet can be seen pushing through the skin, he has photographic evidence. The car is a total write off, verified by 3 independent companies.

 

Understandably he wants the damage repaired or a 'like for like' shell which would probably cost £3k. The shot blasting company boss has stated that 'he is not made of money' and 'I could walk away from this at any time'.

 

My advice To put all communication henceforth through recorded letters, see a small claims specialist. Do you lot advise anything else or recommend anyone who would take on this on?

[Mk2Jo]

I would recommend your friend takes proper legal advice either via CAB or via an appointment with his local solicitor

[mk3cokebottle]

i reccomend

 

sounds like he dealt with a one man band with a small garage that didnt know what he was doing because either of a referral or a cheap price , i would go straight to the soliciter and ask them for help before the small claims court

[Grizzley Dell]

i'd go down there and break some bones, then say more will be broke if compensation isnt forthcoming.

[yalnif09]

I say Shot blast his balls!!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As a last resort

[Tom]

All very helpful advice

 

Isn't Vista's wife a solicitor?

[Vista]

Isn't Vista's wife a solicitor?

 

Yes and I can ask for her opinion but she specialises in a different area of law.

[ratman]

Try your Local council Trading standards department or CAB as stated

[Grizzley Dell]

All very helpful advice

 

Isn't Vista's wife a solicitor?

 

blimey tom, when did you get all sensible then

[mk3cokebottle]

All very helpful advice

 

Isn't Vista's wife a solicitor?

 

blimey tom, when did you get all sensible then

 

he's got to 30 he has to start being sensible

[petrolhead]

Thanks for the advice so far!

[Vista]

The three garages / companies your friend has taken it to, ask them for a short written report on the damage that's been done to the car, it should also include a quote for the cost of putting the car back into the condition it was in prior to the shot blasting work taking place.

 

Do not destroy the car or get any work done on it until this is resolved as if any changes are made there is no proof of what work has been carried out. At this stage I would just obtain one quote for the car to be put back into its original state but if court proceedings are issued the court would like to see 3 quotes.

 

He should then write to the company. The letter should set the scene and refer to any written quotes or conversations that took place on X date between your friend and the company when he instructed them to complete the job. It should include the quoted price etc and refer to picking the car up on X date and describe the problems that were evident when the car was collected after the work. Enclose the photos taken afterwards showing the damage done. The letter should then cover any conversations which took place since the work was done, with whom and when ie "On X date I spoke to you and you said you could not afford to rectify the problem" and use any quotes that were made etc. Then include a copy of these reports / quotes, requesting that they meet the cost of the repairs and ask for their proposals to do that within 14 days of the date of his letter. Advise that if nothing is heard within 14 days then a small claim will be issued in the local county court and specify that a copy of this letter will be presented to the court.

 

He can threaten that he will be applying for his legal costs for doing so. But unless the claim is over £5000, he won't be entitled to them. On a cost basis, it's therefore not economical for him (your friend) to instruct a solicitor to act on his behalf as he will end up meeting the legal costs himself. He can go to the CAB, they will advise him to do what is written above but will also help him with completing the court application forms. There is a fee to pay for the court forms but this is recoverable if the claim is successful.

[petrolhead]

Thanks Vista, that is REALLY helpful and much appreciated

[Mrs O/H/C]

 

Hope you get it resolved

[Vista]

Thanks Vista, that is REALLY helpful and much appreciated

 

No problem, if you want to email a copy of the finished letter before sending (for a bit of fine tuning) then please do so.

[Nick]

GUTTED for your mate mate :@ people really take the bisuit these days :@ he deserves to be strapped down to a table and shot blasted with the same amount of pressure he used on the escort,think that will teach him a lesson never to do it to anybody else again, that is if he survives judging by the amount that was used

[escysean]

If your mate got Home Insurance for contents cover on his house, check to see if your mate have legal protection cover?

 

I am using this to bring up my legal matter against car sales trader who sold me dangerous and un-roadworthy 5 yrs old car that he claimed his wife owned it prior to selling it via his motor trade business.

 

Gutted to hear his car damaged due to excessive sand-blasting

 

Sean