From what has been said this is NOT the guy at Hatfield AL10 9BB
It would be helpful if Gasman would confirm this though.
NJSSAm I Gammon or Woke ? - I neither know nor care.
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6th Jan 2011 3:47 pm
blue meanie D3 Decade
Member Since: 04 Aug 2005
Location: Newbury
Posts: 6861
is it the bloke that used to be in Newbury but is now near Rugby?and theeeeennn......???
6th Jan 2011 3:58 pm
ron3005
Member Since: 15 Mar 2010
Location: Feltham
Posts: 314
Sorry to hear youre problems Gasman and i hope you get it resolved was gonna get mine done but after what youve said i think i will give it a miss
I'd thought of doing my SII, but came across this thread on LandyZone. The Deja-vu is strong, especially on the price.Time flies like an arrow; fruit flies like a banana
Member Since: 07 Dec 2007
Location: Herts
Posts: 13
I am reluctant to name him as I'm not sure on the legal position of doing so.
It wasn't done in Hatfield and it was done in the West Midlands. I do believe he's moved recently.
6th Jan 2011 4:41 pm
grzesiul
Member Since: 11 May 2008
Location: UK
Posts: 6266
moved or not he it up big time and should be held responsible in case of any issues with your vehicle in near future
I am reluctant to name him as I'm not sure on the legal position of doing so.
It wasn't done in Hatfield and it was done in the West Midlands. I do believe he's moved recently.
I'm sure DG will be along with the stance on libel & fair comment, but you can check with Martin before, and after post the name.Time flies like an arrow; fruit flies like a banana
Member Since: 04 Oct 2010
Location: Beautiful Yorkshire
Posts: 613
You should not name him on the forum, but you are perfectly within your rights to name him confidentially to anyone who asks via PM.
I don't have the time to read every post so accept my apologies if I'm re-repeating what has already been said as I assumed this was a post about the pitfalls of waxoyling a D3 rather than a warning about a specific applicator.
The first thing you should do is write a fully documented letter, leaving no detail out.
Where advert seen, wording of advert, when appointment made, when arranged, what image faced you when you first turned up, any hostility you encountered, paint splashes etc etc etc etc.
Absolutely nothing should be left out and ideally you should include photo's.
Offer him the chance to inspect the vehicle, ideally at a LR garage and with you in attendance.
Do not take your car back to his premises under any circumstances.
Finish the letter by requesting a refund to the sum necessary to complete the job, including rectifying any remedial work to paintwork that hadn't been done.
Don't be intimidated by claims of his costs, it's tosh, I see it all the time [Construction Law].
Give him a timeframe for the refund, I'd say fourteen days and confirm that if payment isn't made you will seek redress in the courts.
If you don't get your money, put a small claim in, you won't be liable for his costs, that's not how the small claim court works.
Good luck.
RobD3 incl. genuine glass windscreen, front bi-focal headlights, full width rear bumper, self levelling washer bottle contents and audible 'tick tock' indicator stalk
911 GT3 had one [never]
R8 V12 just gone [past me]
Piiss highest up a wall winner runner up 1979
6th Jan 2011 5:26 pm
mick
Member Since: 21 Jan 2007
Location: Yorkshire
Posts: 2049
As Will says we took a car dealer to court ( not LR ) they damaged the rear end and bodged it up only 6 months old as well ,we took photos and wrote everything down got quotes from other garages etc went to the court were the judge couldnt belive it had come to this made the dealer pay for everything ,if you know you are right as you are from the pics go for it, As Gareth said have heard bad press about this chap before.
6th Jan 2011 6:28 pm
Will Hay
Member Since: 04 Oct 2010
Location: Beautiful Yorkshire
Posts: 613
DrLex wrote:
gasman wrote:
I am reluctant to name him as I'm not sure on the legal position of doing so.
It wasn't done in Hatfield and it was done in the West Midlands. I do believe he's moved recently.
I'm sure DG will be along with the stance on libel & fair comment, but you can check with Martin before, and after post the name.
To name him openly on this forum with the content already written here will only give the waxoyl applicator a benefit and IMHO serves no purpose at this time.
RobD3 incl. genuine glass windscreen, front bi-focal headlights, full width rear bumper, self levelling washer bottle contents and audible 'tick tock' indicator stalk
911 GT3 had one [never]
R8 V12 just gone [past me]
Piiss highest up a wall winner runner up 1979
6th Jan 2011 7:43 pm
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
Posts: 72790
Certainly seems a string of "issues" in other forums if my guess as to who this is proves to be correct.
6th Jan 2011 7:46 pm
John C
Member Since: 28 Aug 2007
Location: East Yorkshire
Posts: 3292
Will Hay wrote:
...Give him a timeframe for the refund, I'd say fourteen days and confirm that if payment isn't made you will seek redress in the courts...
Rob - you sound infinitely more experienced than me, but don't you have to make a time of the essence request giving him the option to make good his shoddy work (say within 14 days) prior to demanding a refund?2020 SDV6 D5 HSE, Carpathian Grey +
2022 Tesla Model Y LR... almost Carpathian Grey
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6th Jan 2011 8:01 pm
Will Hay
Member Since: 04 Oct 2010
Location: Beautiful Yorkshire
Posts: 613
John C wrote:
Will Hay wrote:
...Give him a timeframe for the refund, I'd say fourteen days and confirm that if payment isn't made you will seek redress in the courts...
Rob - you sound infinitely more experienced than me, but don't you have to make a time of the essence request giving him the option to make good his shoddy work (say within 14 days) prior to demanding a refund?
Yes, you're quite right, although whilst lacking in consumer law experience I would think an argument can be made that the initial work was so shoddy the original buyer wouldn't want any further work carried out.
In construction, spefically the Construction Act of 1996 and the Scheme for Construction Contracts in 1998 it is an absolute given that providing you have notified someone that you are withholding monies and each specific reason given you must give them the right to put it right, in, I think, seven days.
Obviously this doesn't apply here but consumer law is heavily leaned in favour of the consumer.
If it was a case of just patches missing then absolutely, the courts wouldn't look too favourably on a consumer who didn't appear to act fairly but when you throw in damage to wing mirrors and waxoyl on parts it shouldn't be on I think that's another matter
From a personal perspective I wouldn't want someone near my car again who is purported to conduct him or herself like this
RobD3 incl. genuine glass windscreen, front bi-focal headlights, full width rear bumper, self levelling washer bottle contents and audible 'tick tock' indicator stalk
911 GT3 had one [never]
R8 V12 just gone [past me]
Piiss highest up a wall winner runner up 1979
6th Jan 2011 9:42 pm
gasman
Member Since: 07 Dec 2007
Location: Herts
Posts: 13
Thanks everyone for the very helpful advice.
Very busy tomorrow, but I think at the weekend I shall restate my position to him in a letter rather than emails and send it recorded delivery. I'll give him one last chance to do the decent thing and refund my money, failing that I'll take him to court for the fee, cleaning costs, travel expenses, the lot.
I'll let you know how I get on.
6th Jan 2011 10:49 pm
ruggedpeak
Member Since: 10 Jun 2010
Location: UK
Posts: 1625
I'd just add to what has already been said
1) what is in the photos is appalling.
2) Waxoyling is about protecting the metal bits e.g. the chassis inside and out, wheel arches, insides of body panels etc etc. It should not be anywhere on the brakes, wheels etc at all. At most there should be a few isolated spatters on the paint work.
2) Waxoyl and pressure washing should not damage electrical and other bits, but will expose any weak/damaged ones. This is probably a blessing as they will undoubtedly failed at some later, more inconvenient time. When I had my D2 done I was worried about sensors and despite a very thorough job being done By Rustmaster I never had a problem linked to the waxoyl in any way.
3) As has been said the £1100 for experts etc is and you are right - this is clearly not the first time. You've made reasonable efforts to sort it, and as a consumer the courts should look after you. As you tried to resolve I'd write out a Small Claims application, post him a copy telling him he's got 7 days to pay or you're sending it in. And if he doesn't pay send it in, for £30 its worth it has he's got a lot of work to do once the claim is accepted by the court. And if its ignored you get the award. It will then cost you to get the bailiffs in but the satisfaction may make it worthwhile
3) There is no requirement to let them have another go, and given they broek your car 1st time around and have apparently told you the work is fine you are well within your rights to say I'm not prepared to risk a £20k motor with them again.
4) Advise them you'll be issuing a press release about the claim to every LR and specialist car mag he advertises in if its not paid, and posting pics on every forum. Contact the advertising manager and/or editor of any mags they advertise heavily in to make them aware. Again stick to facts rather than opinions.
You may also wish to point out that making misleading statements (like beign told you will get hit for £1100 costs in Small Claims court) that results in you incurring a loss is a criminal offence and you have no hesitation in reporting to the Police. Under s.2 Fraud Act 2006 it is an offence to mislead people to get money off them or make them incur a loss.
5) contact their competitors and see if they'll do you a deal to help you out. Potential good PR for them. Rustmaster at Hatfield were excellent when they did my D2 but there are others and I see NeneO are advertising this now.
That's what I'd do but get proper advice before doing what I do as falling out with people is what I'm good at and I tend to take robust approaches to such matters to save time and money. However you should seek appropriate legal and professional advice before taking any action or taking my word for it!Tony
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Last edited by ruggedpeak on 27th Apr 2011 10:34 pm. Edited 1 time in total
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it up big time and should be held responsible in case of any issues with your vehicle in near future
