Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
To cut a long story short, I am into modifying cars...no not silly bodykits and whale fins for spoilers, but more the mechanical side and keeping the car looking as OEM as possible
Anyway, I bought an uprated manifold from a company called JBS Autodesigns
(Edit)
The manifold has given me nothing but trouble. First of all it cracked, due to it not being welded properly, costing me £800 in labour to have it all taken off and the manifold to be sent back for welding
basically it was not welded properly in the first instance upon its original sale, deeming it not fit for sale of use at all
upon re-fitting it onto the car, it had warped from the welding process, so it was not sitting flat, causing an air leak onto my car
Eventually I took off the whole kit again, and went with another manufactured manifold which now works fine
I have sent back the manifold to the manufacturer and now in "discussions" about what to do
However.....this same spec/model of manifold has been sold to many other car enthusiasts who have ALL suffered the same symptoms of it cracking and warping
JBS have openly admitted the faults on a thread for our car forum, which many people who have bought the manifold have openly stated on the forum of the issues they have had
JBS offered me a replacement manifold, but this is of a lower spec manifold from the original design that I bought and is not a like for like replacement, so I have rejected this
Now as I understand it, JBS must give me a full refund (still within 6 years from its sale, and I have only had it on the car for 6 months when it has failed twice) as the product was not fit for purpose
I know that they will try and fob me off, as they have done this to many other customers who have had similar or worse problems
I stated in an email to them that I have rejected the replacement manifold and wanted a full refund so it is now official
Now taking all of this into account, if JBS will not give me a full refund, what shall I do?
i.e. what are the first legal steps I take if they refuse a refund.
The manifold cost me £550 originally and has cost me a further £2000 in labour and parts etc to rectify such a poor product
Ideally I do not want to go to court and start some lengthy battle, I just want the cost of the manifold refunded and thats that, but if they dont then I will quite happily go to court to claim the cost of the manifold and labour charges, as they have gotten away with too much poor service, not only to me, but to many others
Hi Tony. If they reject your claim outright, then I fear you will have no choice other than the courts even though you say you don't want that.
Your first recourse is to write a letter of rejection setting out what was wrong in a chronical order and with the amount it put you out of pocket.
Tell them they have 7 days in which to refund. Quote the 'Sale of Goods Act 1979 (amended).
Send the letter by recorded delivery, no talking on the phone.
After the 7 days, (plus a bit to compensate for delivery etc) if you have heard nothing, then you send a letter before action stating that you will also ask the court to compensate you for what you are out of pocket plus 8% interest.
If you don't want to or 'won't' take this to court then there is no point in sending a letter before action and I don't see what else you can do except put it down to experience and not use them again.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________