tony1979

Need a bit of help guys.

I got my windows tinted at a well known Automobile Tinter's 3 months ago. I didn't pay on the spot because they said to wait until the invoice came through for £200. So I waited, and a week later the invoice came through. I had to wait until the end of the month to pay, but by that time I noticed that the drivers side electric window control panel had been damaged. The clip that held the panel in place had been snapped off and the panel was loose and wobbly. This really annoyed me because I wasn't told about the damage. Shortly after that, the film on the drivers side rear window had started to peel off, and flapped about making a bloody racket at motorway speeds. So I phoned the company and the person on the other end said they'd get back to me...but never did. The same happened for the following month and a half, and now I have a county court claim against me. On phoning the company again and telling them about this, they denied that there were any log of any call from me, and denied any damage was done, and was blatently rude over the phone. The guy said he'd have to speak to the person who fitted the film - but it doesn't look hopeful.

Can I counter-claim? What advise would you guys give, cos I don't want to pay the full whack out of principle - but how am I supposed to prove my case???

Thanks all!

chiark

Tony,

Phone the CAB (Citizen's Advice Bureau). They'll know the legalities, but ultimately contract exists for them to provide goods and you to pay for the service. Whether there's clauses concerning "to your satisfaction" is probably important.

I'd put a letter in writing to them offering to pay the full amount minus the cost of the replacement damage panel (get a quote from a subaru dealer) and the cost of re-doing the windows ( get a quote). This should end up offering to pay them bugger all, but at least you've made the offer.

Or at least that's what I think

Check with the CAB - they'll give you better qualified advice.

Nick.

ScoobyDooMe

Get in touch with the CAB, however

Its all about the supply of goods and services act (1995 I think), and 'fit for purpose' and all that, I used to now about all this stuff years ago but I'm a little out of date, so the CAB would be your best bet.

However, a good tip for proving you made a phone call to complain is to look through your old phone bills (assuming you have itemised calling) and dig it out and use this to at least prove that you did ring them even if they deny it.

Also take picture of the damage and the peeling film, preferably a digital camera that time and date stamps the photograph, the sooner you can do this the better.

However, at the end of the day if you are being taken to the small claims court you will need to complete an 'Afidavit' which you can get from the offices of your local small claims court (these are public offices with counters, bit like a post office), you should get instruction with the form on how to complete it.

This document should detail all the events and a full account of everything thats happened concerning this issue.

You then take it back to he court to be signed and witnessed and then submitted to the judge as your defence, you will need to support the events and description with as much evidence as possible.

This document will also get sent to the firm that is taking you to court, if its a good defence with plenty of juicy evindence, esepcially proof that you have contacted them, you might find that 9 times out of 10 they will drop it, if not they might end up with egg on thier faces.

You will need to speak to the CAB for full details tho, as I said, I'm not upto date with it these days.

tony1979

Thanks for all the advice. The problem is, how do I prove that the guy who fit the film actually caused the damage? I know it was him, but I have no substantial proof, except that the rest of the interior is immaculate.

spanner75

try your dealer if you had your car serviced just before the tint was fitted they may vouch for the state of the inside .
i had the same prob as you had my astra tinted the bloke took all the windows out to tint them (why ?)on the way home it rained and my car leaked like a sieve from every window , so i stopped the cheque , and refused to pay so i got a court summons , i got the AA to do a report on the car the AA man after laughing so hard he was crying gave me the report this helped no end and i won and was awarded costs to put my car right

Brendan Hughes

Don't use a digital camera, use a film one, it can't be faked. Digi not accepted as evidence (in serious cases anyway).

edit - good point about the AA, get another expert (or two, or three) on tinting to look at it and get a report from them that says it shouldn't be like that after 3 months; independent expert opinion. Get receipts for the cost of the report and charge it to the first company.

[Edited by Brendan Hughes - 5/15/2003 9:22:57 PM]

scoobyguy22

had mine done about 2 weeks ago the same happend no damage but crap tints they started to pell as well its in today getting sorted you can go say that the job done is not good enough and does not stand up to what it is sold as. and the service that is so say expert done is not as it is sold as

keep at them mate

Dazza01

Tony
Trading standards will give u ur rights, but from recent experience of a different matter i was told to quote "the sale of goods act" and add " AS AMENDED" have got the actual doc on my pc at work, will try and find it and copy/paste it on here later

tony1979

Thanks