Unless you have some sort of proof the product was inherently faulty it is not worth the effort of going to County Court!
Advice leaflets
Getting Evidence to Prove Your Claim
Usually, there are no problems with rejecting faulty goods or complaining about shoddy workmanship - the trader accepts the situation and puts it right. Sometimes, however, you can end up in a dispute with a trader as to whether the goods are, in fact, faulty, or what the cause of the fault is. Legally, it is always the responsibility of the person making the complaint to prove that goods or services are defective, perhaps because of a manufacturing fault or poor quality workmanship, and not because of accidental damage, misuse and abuse, or just normal wear and tear. Note that if the goods become faulty within six months of you buying them, it is assumed that they were faulty when you bought them.
EXPERT OPINIONS
You might need to get an expert opinion for two reasons: firstly, to try to prove your case to the trader and persuade them to resolve your complaint; and secondly, to prove your case to a court, if necessary. Generally, the more informal the opinion, the less likely you are to be able to rely on it in a court case, so you do need to bear this in mind when considering the sort of expert to use.
For example, if you are having a dispute with a garage about repairs to your car, a quick, informal opinion from another garage might be sufficient to prove your case to them and resolve the problem. But if not, and you need to take the garage to court, you would need to get a clear, written report from an independent, suitably qualified engineer or mechanic.
In the event of a dispute with a trader about proof, it is a good idea to suggest to them that you obtain a joint independent report, perhaps splitting the cost, so that you can both be happy about the impartiality of the opinion. Of course, the trader does not have to accept this, but if you make this request in writing, and the trader turns it down, they might find it difficult to argue later that they have acted reasonably.
If you have to get your own report and pay for it yourself, you may be able to claim the cost back as well as the costs of putting right the original problem. It is always best to tell the trader of your intentions before you go to the expense of commissioning a report. You should put this in writing and keep copies of all your correspondence.
Here is a sample letter to a trader, asking them to consider a joint expert report:
your address
Date
The Manager
The Garage
Anywhere Street
Anytown
Dear Sir
REF: CAR REPAIR TO [vehicle make and registration no.]
I am writing concerning the repairs to my car, which you carried out on [date...]. As you may recall, I spoke to you about my concerns last week. [Detail what the problem is with the repair.]
I understand that you do not agree with my opinion that the repair was not carried out correctly. I would like to suggest that an independent report is obtained, from a properly qualified motor engineer, so that we can establish what the cause of the problem is, where liability lies, and what needs to be done to put it right.
As this report will benefit both of us, I would request that you agree to share the cost of it with me. If you are not willing to do this, I must advise you that I will commission a report myself, and may use it as evidence if I have to take legal action against you for the cost of the repairs. I do hope, however, that you will see this as an opportunity to avoid a further dispute, and to reach an amicable solution to the problem.
Yours faithfully
FINDING AN EXPERT
Sometimes it can be difficult to find an independent expert. Find out if there is a trade association for the trader with whom you are in dispute - for example, plumbers, builders, carpet retailers, etc. They may be able to recommend a local expert, or they might be prepared to step in if the trader is a member. Our leaflet 'Trade Associations and Regulatory Bodies' includes a list of contact details for some of the main associations. Alternatively, you can always try to obtain an informal opinion from another dealer, contractor or surveyor - for example, by looking in the local 'phone directories'.
If you find it difficult to get an independent opinion, this won't prevent you from pursuing your case, in court, if necessary - but a report can make it easier to prove your case on the day.
THE REPORT
What should the report contain? You should ask your expert to include the following:
What the problem is.
What the cause of the problem is (i.e. bad workmanship, inherent defect, faulty components, etc).
What needs to be done to put the matter right.
How much this will cost.
If relevant, photographs, diagrams, plans, etc should also be included.
The person giving the opinion should also give their qualifications or credentials.
USEFUL STRATEGIES AND TIPS
If appropriate, take photographs or videos of the problem, e.g. of shoddy workmanship, poor quality hotel accommodation, a bad haircut, etc.
If you have any witnesses to the problem or incident, ask them to write a letter as further supporting evidence.
If you need to get remedial work done quickly and the trader refuses to do this for you, make sure you get your other repairer to give you a full report on the work done, as well as an itemised bill.
Keep any parts or materials that are removed or replaced - you may need them for evidence later.
Last reviewed/updated: September 2003
Copyright 2007 itsa Ltd on behalf of the Trading Standards Institute
