Motors Bad welder threatens to take car in payment

[Huge]

Originally Posted by Blazza181

The small claims court is great. You can go to your local Citizen's Advice Bureau, which provides free information, and sometimes lawyers will visit the CAB, giving free legal advice, and sometimes doing work for free. Also, they sometimes have details of lawyers willing to do discounts or free work.

Also, in the small claims court, you can have a lay representative or a "next friend", who represents you. Normally this person should be a good debater, and some do it for the experience, like legal students.

It actually starts from £30 in order to enter a completed form for a claim of ~£300, but sometimes the fee is waived.

I'm serious, when he sees the copy of the claim form sent to his house, he would be stupid not to pay and get it over and done with. (Almost) All lawsuits are open to the public - if he goes to court and loses - well, there goes his reputation. Also, I'd recommend you inform the police if he tries to threaten you after receiving the form.

I'll see if I can dig out any more information.

Thanks, I hope I'll be looking into this soon, depends what my parents say.

Originally Posted by Cookie Monster

I have a few quid left in my paypal if we are all clubbing together, even £1 each from some of the regular members in here could get a good start on the repair bill to get it re-welded.

That would be amazing. I've had a friend offer to do the welding if he has the time, then it would just cost me the price of panels and quite a few beers. The downside is that he doesn't really rate himself as being much of a welder! It's a tempting offer all the same in my position.

[Blazza181]

Just saying, in case your friend does a poor job, just wait until this dispute is finished, if it goes ahead.

I can see how much assistance I can give you. I'm not legally trained, but I have a half-decent knowledge of law. I'll PM you any more info I can get or you that you request.

[brave758]

Originally Posted by Huge

Here's an update to warm your hearts: today my car failed its MOT on the welding.

I have no money left, no time left and no enthusiasm left. Three months of summer, £1000 of bills, hours of work and nothing to show for it. Can I claim off the welder who already has my money? No, that takes us back to square one. Can I do it myself? Probably, but not until next summer - uni starts back next week. I feel crushed.

Lol mate you have him by the short and curlies this is gold. As recommended small claims also there are a lot of blood sucking lawers who would love this.

[Blazza181]

Originally Posted by brave758

Lol mate you have him by the short and curlies this is gold. As recommended small claims also there are a lot of blood sucking lawers who would love this.

I wouldn't use a lawyer for a small claims court, unless they are offering their work for free/ comparatively next to nothing. As I said, law students or good debaters are your best chance. They will just use this to add to their CV or as practice.

[brave758]

Originally Posted by Blazza181

I wouldn't use a lawyer for a small claims court, unless they are offering their work for free/ comparatively next to nothing. As I said, law students or good debaters are your best chance. They will just use this to add to their CV or as practice.

Sorry wasn't too clear, was thinking them no win no fee vultures if you wanted to go that path

[SuicideNeil]

Originally Posted by Huge

depends what my parents say.

Based on past experience, I imagine they'll just tell you to drop it because they don't want a visit from the welder after he receives a court summons for the bad work. You may well have to do this on your own- matey could turn up at any time due to your previous exchanges after all, your parents aren't to know any differently...

All the evidence is stacked in your favour though so there is no way you would loose, it's just a case of making him pay up even when you do win- civil victories are kinda hard to enforce it would seem. Rogue Traders idea sounds good, I'd be trying to find other people who have dealt with him and see if they shared your experience with the welder to any extent...

[sp4nky]

Originally Posted by Huge

. I've had a friend offer to do the welding if he has the time, then it would just cost me the price of panels and quite a few beers. The downside is that he doesn't really rate himself as being much of a welder! It's a tempting offer all the same in my position.

Can I just say that the reason you're in this position is because you got a recommendation from a friend and that recommendation didn't work out. I think in your position, you should go with a professional welding firm. It will be more expensive but you should be able to guarantee they'll do it properly.

[Blazza181]

Originally Posted by brave758

Sorry wasn't too clear, was thinking them no win no fee vultures if you wanted to go that path

They actually charge a success fee on top of the normal fee. Also, I just feel that, since this is a practically impossible to lose this case, maybe a law student or practicing debater would get more use out of this than those highly successful vultures, who create all sorts of rubbish lawsuits, which should never have got to court.

Just as a point Huge, if you go for legal action, get a quote as to how much the MOT cost and the proper repairal would cost, and then a bit more as compo (or in legal speak, damages). Also, see if you can find out (via. CAB) whether damages can be gained by him threatening you.

If you get that in court, and maybe tell the local newspaper (if they don't have the story already), then you can get your just desserts.

I'm serious, the CAB is your best port of call, whether your parents give way or not. You may even be able to get an injunction, preventing him from coming within a certain distance of you or your parents.

Also, I'd recommend seeing whether he pays his VAT or not. If he does cash deals, go to Inland Revenue and chop him.

Also, I don't think a court (or the solicitors) would be too impressed about that (probably faked) letter.

[Huge]

Got the car back today, there's going to be a lot of work that needs doing, it turns out that not only did he do a crap job, he did less than half the required work. However, while his welding isn't much good, he caused damage and overcharged, his welding only left me with an advisory, it was (barely) good enough to pass an MOT.

I've had a quote for £600 labour + parts + pickup/delivery (probably totalling around £900). This guy is a mini nut (will do a proper job more for the mini's wellbeing than my own!) with all the tools and experience required. I would be paying for the previous work to be redone, all rust (from the bulkhead back) to be cut out and properly replaced with either new panels or shaped metal plates IN the holes.

I'm not sure I've got good enough grounds to chase a refund anymore given that his welding was passable. It's still not the best job and there's still damage done but even if I could win something from him it would flare up the threats again and take forever for any money to appear.

In conclusion, lessons learned: don't trust a mate of a mate's recommendation, pay for a proper job and get a better paid job so that I can actually afford this! I'll probably go ahead with the above welder despite not really being able to afford it as I need this finished before I quit and give the car away


May the rich among you feel free to donate to my smashed enthusiasm and empty wallet...

[Zinfandel]

I must just be an immature moronic yob, but to be honest at this point I don't see how I could resist beating the crap out of him. To be honest I didn't post in this thead earlier because it's what I thought at the start.

[Huge]

Hah, he's not a small fella. Otherwise I suspect you'd have to wait in line.

Oh, and his family were involved in a multiple murder when he was young, he's not a stranger to violence. This is all stuff I found out after he'd got hold of my car of course...

[Nexxo]

Object lesson:

• Don't commission a job without a written quote.
• Don't commission a job without seeing previous work.
• Don't pay without a written invoice.

And DON'T EVER commission "a mate of a mate".

[Blazza181]

Mate, my parents once got a guy to do some plumbing, but he was rubbish.

We later discovered that he was an ex-murderer.

[GregTheRotter]

Don't think you can be an 'ex' murderer. Not like working the cia and being an 'EX' cia agent. Once you've done it, you've done it. Kind like being a paedophile, no such thing as an 'ex' paedophile.

[Huge]

Originally Posted by Blazza181

Mate, my parents once got a guy to do some plumbing, but he was rubbish.

We later discovered that he was an ex-murderer.

Not quite what you want to hear! Was the plumbing any good?

Originally Posted by GregTheRotter

Don't think you can be an 'ex' murderer. Not like working the cia and being an 'EX' cia agent. Once you've done it, you've done it. Kind like being a paedophile, no such thing as an 'ex' paedophile.

I was thinking that.

[Blazza181]

Oops. My apologies. I was quite (and am still) tired when I wrote that. I meant he had been released from jail.

My grammar is deteriorating.

Regarding his job, he ended up causing water to leak into the flat below, causing dome anger/distress.

[Krikkit]

Originally Posted by Nexxo

Object lesson:

• Don't commission a job without a written quote.
• Don't commission a job without seeing previous work.
• Don't pay without a written invoice.

And DON'T EVER commission "a mate of a mate".

Unless at least two of the other three above apply. Plenty of nice folks out there - just got to watch out for assholes.

Personally if I'd seen their work (and knew it was good) and they'd come recommended I'd go without a written quote or invoice, but that'd be rare.

Huge - You've kept your head over all this, a lot of folks would've been completely freaking out. Get £900 together and get the mini master to have a crack at it. Perhaps take a few cheeky photo's of a proper welder's work then tie them to a lamppost just down his street?

[Big_malc]

also if you do go for the legal thing side say that the stress caused you loss of sex drive towards your partner over stress and no im not joking

[Huge]

Originally Posted by Krikkit

Unless at least two of the other three above apply. Plenty of nice folks out there - just got to watch out for assholes.

Personally if I'd seen their work (and knew it was good) and they'd come recommended I'd go without a written quote or invoice, but that'd be rare.

Huge - You've kept your head over all this, a lot of folks would've been completely freaking out. Get £900 together and get the mini master to have a crack at it. Perhaps take a few cheeky photo's of a proper welder's work then tie them to a lamppost just down his street?

Thanks Krikkit, I appreciate the compliment. I'll find £900 somehow - I'm starting to realise that building my brother a new computer as a surprise present wasn't necessarily as financially viable as I thought. Could use that extra money now! And perhaps I should have sold my old hardware instead of giving it away... Nevermind

Originally Posted by Blazza181

Oops. My apologies. I was quite (and am still) tired when I wrote that. I meant he had been released from jail.

My grammar is deteriorating.

Regarding his job, he ended up causing water to leak into the flat below, causing dome anger/distress.

I can't imagine you were too happy to make a fuss to a convicted murderer!

Originally Posted by Big_malc

also if you do go for the legal thing side say that the stress caused you loss of sex drive towards your partner over stress and no im not joking

Haha, I bet my hand is feeling very left out right now. If I get a partner I'll come back for advice

[Zinfandel]

*noticeable decrease in the amount of tissues I go through.