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Hello. I have some questions on how I should approach a letter before action.
I have recently had some paint work done on my car that I deem to be below the quality expected. The work was done by a sole trader who owned his own garage and not a Ltd Company.
The car was originally dropped off in March and I finally collected at the end of July albeit with some parts which still needed to be completed / rectified due to quality. I gave the individual 3 chances to get the car to an acceptable standard and on the 3rd try he informed me he was closing his business due to issues with the lease on the premises and he would partially refund me for the bits still to do. I obtained a rough quote from a local garage of around £1000 to complete the work and the individual agreed to refund me this amount within 2 weeks. Now 5 weeks have passed and he no longer responds to my phone calls and messages.
I believe I have enough evidence to strongly support a small claims case and now I want to know what I can claim for.
- I considered the agreed £1000 to be a compromise on my part and the true cost to rectify would be closer to £1500. Would it be frowned upon in a hearing if I was to change my tune and ask for more than £1000 ?
- The individual showed a lack of respect for my property and left the interior of the car and the engine bay caked in dust. Can I claim for costs to have this cleaned ?
- Can I claim for tax and insurance for the 4 month period I was unable to use the car ?
- At this point is it ok to use estimations? If I have to take further action then I would obtain 3 written quotations from different garages.
- Should I be quoting the consumer rights act 2015 in the letter?
- Last week when checking on the individuals status, I found out he filed for Insolvency in March 2020. Would this have any bearing if the case went to a hearing ?
As you can probably tell I am looking to bulk up the letter in a way that makes the individual think twice about his actions, but try to do it in a way that will not reflect badly on me if I have to make a money claim.
thanks for reading.
Any advice welcome.
I have recently had some paint work done on my car that I deem to be below the quality expected. The work was done by a sole trader who owned his own garage and not a Ltd Company.
The car was originally dropped off in March and I finally collected at the end of July albeit with some parts which still needed to be completed / rectified due to quality. I gave the individual 3 chances to get the car to an acceptable standard and on the 3rd try he informed me he was closing his business due to issues with the lease on the premises and he would partially refund me for the bits still to do. I obtained a rough quote from a local garage of around £1000 to complete the work and the individual agreed to refund me this amount within 2 weeks. Now 5 weeks have passed and he no longer responds to my phone calls and messages.
I believe I have enough evidence to strongly support a small claims case and now I want to know what I can claim for.
- I considered the agreed £1000 to be a compromise on my part and the true cost to rectify would be closer to £1500. Would it be frowned upon in a hearing if I was to change my tune and ask for more than £1000 ?
- The individual showed a lack of respect for my property and left the interior of the car and the engine bay caked in dust. Can I claim for costs to have this cleaned ?
- Can I claim for tax and insurance for the 4 month period I was unable to use the car ?
- At this point is it ok to use estimations? If I have to take further action then I would obtain 3 written quotations from different garages.
- Should I be quoting the consumer rights act 2015 in the letter?
- Last week when checking on the individuals status, I found out he filed for Insolvency in March 2020. Would this have any bearing if the case went to a hearing ?
As you can probably tell I am looking to bulk up the letter in a way that makes the individual think twice about his actions, but try to do it in a way that will not reflect badly on me if I have to make a money claim.
thanks for reading.
Any advice welcome.
