Member Since: 28 Aug 2007
Location: East Yorkshire
Posts: 3292
Oh no Sorry
TBH his rather aggressive oversell always put me off. Sounds like he's been through this process before...
Speak to trading standards/consumer advice for the area. I've used them a couple of times and they've been superb and given great advice and managed to resolve things very speedily.
For some businesses that know the system, know how to play/drag it out etc, Small Claims are water-off-a-ducks back...
Give trading standards a call first, it may be that others have taken this route and they already have a case against them.
Good luck 2020 SDV6 D5 HSE, Carpathian Grey +
2022 Tesla Model Y LR... almost Carpathian Grey
Previously : 2005 TDV6 SE Auto, Cairns Blue (288K) - ours for 16 years
He's talking out of his pipe. Have a quick google for Practice Direction 27
Costs7.1
Attention is drawn to Rule 27.14 which contains provisions about the costs which may be ordered to be paid by one party to another.
7.2 The amount which a party may be ordered to pay under rule 27.14(2)(b) (for legal advice and assistance in claims including an injunction or specific performance) is a sum not exceeding £260.
7.3 The amounts which a party may be ordered to pay under rule 27.14(3)(c) (loss of earnings) and (d) (experts’ fees) are:
(1) for the loss of earnings or loss of leave of each party or witness due to attending a hearing or staying away from home for the purpose of attending a hearing, a sum not exceeding £50 per day for each person, and
(2) for expert’s fees, a sum not exceeding £200 for each expert.I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
6th Jan 2011 2:01 pm
John C
Member Since: 28 Aug 2007
Location: East Yorkshire
Posts: 3292
ND - you beat me to it Sounds like you're also battle hardened 2020 SDV6 D5 HSE, Carpathian Grey +
2022 Tesla Model Y LR... almost Carpathian Grey
Previously : 2005 TDV6 SE Auto, Cairns Blue (288K) - ours for 16 years
6th Jan 2011 2:03 pm
pagoda
Member Since: 13 Aug 2009
Location: Not London Anymore (or the US for that matter)
Posts: 1923
never used small claims court, but my wife has. First, his alleged costs are a nonsense.
You have evidence of the shoddy work (take photos) and you have a broken mirror and got a flat battery. That alone would work heavily in your favour.
I agree that it may not be worth the hassle, but it's worth thinking about. Don't be intimidated by the talk of £1100 expert witlesses. He'd have to pay that person to attend in the first place, and then hope to recover costs if he won (which would seem unlikely). And anyway he wouldn't get those sorts of costs; one can't just make up a fee for a days work. There is a scale of charges used by CPS, for example, for the expert witnesses and what they can charge.
Finally, I think he should be named here to avoid others falling into the same trap. Afterall, it's not waxoyl that's the problem (as per post title), it's the moron who did the work.PAGODA
www."COMPANYNAME"suck.co.uk is likely to be available for £5.90 for 2 years via fasthosts or similar. Upload your pics and story, then start optimising your site for google search terms. In a week or two it will be the first website on google searches and you've got him by the danglies.I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
6th Jan 2011 2:07 pm
countrywide
Member Since: 16 Sep 2007
Location: UK
Posts: 6019
Sent you PM, but try a charge back on your credit card if you paid with one. you will have to explain that you have tried to resolve it, but he is refusing to discuss. They can take it up on your behalf and with sufficient evidence get your money back. I have done it before and it worked, the risk I ran was a £15 admin charge if I was in the wrong.
Also if it is who I think it is, then in the terms you signed he states missing coverage will be usually no bigger than a coin. So he does promise good coverage in the terms he made you sign.
Sounds like he has done it to other people from the way he approached you.
6th Jan 2011 2:14 pm
gasman
Member Since: 07 Dec 2007
Location: Herts
Posts: 13
NoDo$h thanks that's great information. I had found that website, but trying to read long PDFs on my iPhone at work was proving a bit tricky.
I think that's probably good news as it implies he's been here before, so knows I'm not going to have to pay his costs if he wins and wants to frighten me off because he thinks he'll lose.
It seems to be impossible to contact trading standards directly you have to go through Consumer Direct, so i did that this morning. I will just have to hope I'm not the first.
6th Jan 2011 2:15 pm
John C
Member Since: 28 Aug 2007
Location: East Yorkshire
Posts: 3292
Tempting ND, and I'd love to if I was in the same situation, but in court that sort of thing could be argued that you caused more damage to his business, than he did to your car.
You want to look measured and reasonable all the time he's looking awkward.
Don't get carried away on the court thing too soon, it can take months to go through. Trading Standards can often sort with one phone call.
John2020 SDV6 D5 HSE, Carpathian Grey +
2022 Tesla Model Y LR... almost Carpathian Grey
Previously : 2005 TDV6 SE Auto, Cairns Blue (288K) - ours for 16 years
6th Jan 2011 2:16 pm
John C
Member Since: 28 Aug 2007
Location: East Yorkshire
Posts: 3292
Gasman, on the off chance you are a gasman, are you a member of the Federation of Small Businesses - they also have a free legal advice line which isn't too shabby...2020 SDV6 D5 HSE, Carpathian Grey +
2022 Tesla Model Y LR... almost Carpathian Grey
Previously : 2005 TDV6 SE Auto, Cairns Blue (288K) - ours for 16 years
6th Jan 2011 2:20 pm
gasman
Member Since: 07 Dec 2007
Location: Herts
Posts: 13
Thanks again all.
I think the website idea will have to wait til all else fails.
I am a bit reluctant to name him as I'm not quite sure of the legal implications of doing so, but he takes one or more full page ads in Landrover Owner each month and his very long winded terms and condition certainly do mention no missed coverage bigger than a coin.
Must be all that swimming he does; perhaps the chlorine has caused him to forget his 20 years of trade experience.I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
6th Jan 2011 2:26 pm
gasman
Member Since: 07 Dec 2007
Location: Herts
Posts: 13
Not that kind of gasman, sadly John.
It's laughing gas I use - I'm an anaesthetist.
Not that kind of gasman, sadly John.
It's laughing gas I use - I'm an anaesthetist.
Thats good for a giggle!!! Run silent, run deep!! HM Submarines Conqueror, Churchill, Renown, Ocelot, Porpoise, Onslaught.
Oh Lord! send down a dove, with wings as sharp as razors.
To cut the throats of men, that sell bad beer to sailors.
VIN 138A476***
6th Jan 2011 2:39 pm
Dave
Member Since: 08 Mar 2006
Location: North Yorkshire
Posts: 2462
gas
Anyway, feel for you mate, thats does look and sound a very shoddy job. I hope that you find some satisfaction from whatever avenue you decide to take, even if it does just end up discrediting said individual across some LR forums, that WILL affect his custom in at least some degree, for example I bet there are some that wont have it now who would have if you came on with a great report.
It is something that I have always considerred, but not with this chap now Captain Nick Medhurst would ask:
"What is the first rule when overlanding?"
I would Reply:
"Duratrac"
6th Jan 2011 3:38 pm
Gareth Site Moderator
Member Since: 07 Dec 2004
Location: Bramhall
Posts: 26703
I seem to remember he had a big public fall out on the LRO forum about 10 years ago. He was taken to task (or even court maybe) by a forum member who's D1 was treated.
AFAIR the car was involved in an accident, and when panels were removed, there was no wax behind the wings, or in the doors. I think it got quite nasty.
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