Legal Questions

[kennatt]

kate talk to trading standards they love this sort of thing and its free

[ColinP]

Hi Kate,

Really sorry to hear of the problems...

If I remember correctly, the time limitation runs from when it would be possible to discover the defect - i.e. if it is completely welded in, the malfeaser can't claim limitations as easily as if it were a paint defect.

Also, there is a limit on the small calims procedure - it may be worth your time adjusting your claim to that. Small claims courts don't allow expenses for legal counsel - so if you lose you cannot be landed with the costs of the other's QC, solicitor etc.

The two acts you need to consider are Sale of Goods Act (as amended), and the Supply of Goods and Dervices Act (also as amended) - sections 14 & 15 (I think).

You will also need to consider any "small print" on the cntract you had with the repairer- note: - this would have to be known (or able to be known) at the time the contract was made - not a disclaimer on the receipt.

I guess you'll need a reasonable solicitor (or CAB) for advice at this stage. It's also worth checking that the company that did the work is still trading - e.g. AB repairs of anytown ltd -> EC repairs of elsewhere ltd may mean that there is no company to sue....

Hope that helps, and with best wishes for sucess,

Colin

[doobry]

And don't forget to send a copy of the letter to the dodgy trader to the MMOC as well - maybe if some of their overpriced bodge jobs end up with court appearances, it might raise a lot of publicity.