Can anyone help with this problem?

[Chellie]

Not sure if this is the correct place to ask this Q, but will try anyway. Husband has been in business for 16yrs.We are a small family run business. but he doesnt employ anyone else and most of his customers have been with him since he first started. He does fabrication work and car repairs. We have never had any complaints or problems until now . A visitor to the area a couple of months ago had a puncture. Husband went out of his way to order and fit a new tyre so the gentleman could keep a spare tyre for the remainder of his holiday. We have recently received a letter from this gentleman and an estimate from a garage for repairs to his sill and door, paint etc to the sum of around �500. He is holding my husband responsible to damage done by the jack to the sill and door when changing the wheel, which he says he just noticed when he got home some 3 weeks later. This is nonsense, all punctures are done over a pit in the garage where the vehicle is jacked up onto the middle of the axle. Not even I would jack a vehicle up by the sill. Anyway can anyone advise on the best course of action with this problem. I personally suspect this gentleman has seen an opertunity to try his luck and claim money for damage caused to his vehicle by other means. He is asking us to send a cheque for the amount stated on the estimate. Husband says just to ignore it as he knows he has never jacked a car up by the sill and has done no wrong. How do we stand legally if this gentleman were to persue it? (we live in scotland, visitor lives in england)

[Hgrove]

I think you are probably ok - he can't prove it. However, I certainly don't think you should ignore the letter. You should respond explaining that it has been long practice at your garage to fix punctures over a pit etc. etc. as you explained it here. If applicable you could mention that the damage could have been caused in a variety of ways in the three weeks between the repair at your garage and the point in time when he discovered it. Then simply say that you did not cause the damage. I don't think he will want to pursue it because I suspect he would need to pursue it in the Scottish Courts which would not be convenient for him as he is in England.

[BenDToy]

I agree with everything Hgrove says. Definitely don't ignore it. Do remember that it is possible that he thinks it was your husband, so don't assume he is "trying it on". Invite him to come and see a tyre being changed, and explain (if it is the case) that your husband is the only person who would have done the job. As said, 3 weeks is a long time to not notice �500 worth of damage!

[hectic]

You should forward a copy of the letter with your proposed reply to your public liability insurer as they will advise on the best course of action, after all it is what you pay your premiums for

[mufi]

All good advice here. Keep a copy of all letters you send, as this could end up in court. If it does you should have a strong case. Happens to us all in business at least once. Mufi

[Chellie]

Thankyou all for your replies. I agree that we should not ignore the letter and have finally got hubby to see that we must reply to this gentleman. You have all given sound advice. I will send a letter keeping things simple without going into too much detail, and without putting blame on anyone in particular. Will just have to wait the outcome. I really still cant believe this has happened, as the guy was so pleased at the time that we were able to help him out so quickly. By the way it was 2 days before he came to us from when the puncture had happened. I presume he caused the damage himself when changing the spare wheel over. However that is guessing. Heres hoping we dont hear any more from him or I'll be back for more advice from you guys. Thanks!

[daviesbabe]

sounds like before he contacted you that he tried to change the wheel himself and the damage is probably his own fault! he probably has a company car -legally doesnt stand a chance! he would need alot more proff then when he noticed it weeks later! your husband has a pit it will be proff enough, As he would have to prove that your husband actually used a jack and as you put it up on the axle.any known mechanic or repairer would know that using a jack would take alot more time to finish and the bill would be higher! i dont know any garage that uses a jack, as to his rights,he would have had to have seen this at the time or within a few days-and disputed it then. he doesnt stand a chance-also if he wants money tell him to go court as this will cost him alot more than the repair and he should leave off. The citizens advice are really good with dealing with problems like this as they know everything.You could also call his bluff by saying you have seen a solicitor and they say take it to court and he will be proven wrong and pay for the whole court affair.