Motoring Discussion > Paint woes - what do I do now? Help appreciated! Legal Questions
Thread Author: Slightlyfatdirector Replies: 19

 Paint woes - what do I do now? Help appreciated! - Slightlyfatdirector
I recently collected my XJ-S Convertible from a local specialist who has gone over the car with a fine toothcomb to make sure everything is 'right' and set to make the car last another 20 years (waxoxl, some new track rod ends, gearbox mount, etc, etc).

It also needed two new rear wings and he did a superb job fitting these (they are huge and specialist things) with photos taken during the job. At the same premises he had a guy who ran his own company doing paintwork, so when the wings were replaced this guy resprayed them. Whilst it was there he also agreed to sand down and polish the whole car and in doing this he skimmed a bit too much off the bonnet on the bonnet bulge edges as the paint beneath was too thin and I contributed towards him to respraying this too. The paint guy I paid seperately.

On excitedly going to collect the gleaming fully sorted car I see the rear wings and bonnet are a different shade of black to the rest of the car. I am not happy and the paint guy's excuse was that he matched the plate to the VIN. I was so disappointed , but was in a rush to get to work so took the car home to mull over.

On closer inspection after I got the car home I saw the quality of the job is very poor; dimples, pinpricks, blobs of green in the black, 'orange peel' in patches and old paint showing through. I wrote a letter to him saying I was not at all happy and I spoke with him on the phone just after I collected the car and he agreed that he would have my car back and he would 'sort it out' All sounds positive and a call was promised after 2 weeks. It has now been 5 and no call back.

In the meantime he and the mechanic have parted company over the paint guy not paying his part of the rent, and the paint guy has just moved to a new premises, but has no land-line and does not return my calls on his mobile. His excuse for not calling me last time was that he could not afford the credit on his phone. Not a great excuse as he can afford rent on a premises I presume.

I want to give him the opportunity to put it all right, but what is the correct proceedure I should follow, so if he won't do it I can get it done elsewhere and bill him for it?

Do I need to get an independent report on the paint job? Where would I go to get that done? How much would it cost? Do I need a solicitors letter to be sent to him?

Any advise would be greatfully appreciated!
 Paint woes - what do I do now? Help appreciated! - Slightlyfatdirector
A quick update.

I just spoke with the guy (I called him from a different work number and this time he answered). He is saying he is suffering from depression and has been suicidal. His family have set him up in a new work place and are supporting him to get better and he is still working. He has promised to get the car done in the next two weeks, but I don't beleive that he can do this.

I therefore still need to know what the right proceedure is to ensure if he does not do what he has promised, I have already covered myself.

Thanks!
 Paint woes - what do I do now? Help appreciated! - Badwolf
I'm sorry to hear of your troubles as you obviously cherish your XJS and have been let down by someone you trusted to look after it.

I'm no 'legal eagle' but I'd imagine that any court would need to be shown that you have tried every reasonable method to resolve the situation before bringing it before the court. I'd keep a log of all phone calls, send letters recorded delivery and record conversations, if you can (of course, you'd have to inform the paint chap that you were doing this).

In respect of an independent inspection, I'd certainly look into this. Your local insurance broker may know of somewhere, alternatively if your town has a 'local' website then try posting a request on there. I don't really know how much an inspection would cost, I'm afraid.

A quick call to your local CAB would let you know where you stand, and the best way forward from here.

Best of luck - I hope that you get it sorted soon.

EDIT - I posted this this before you posted your update. I'd be taking this chap's tale with a pinch of salt. It may be that he is genuine and has been having trouble but it could just as easily be a handy excuse.
Last edited by: Badwolf on Fri 14 May 10 at 13:15
 Paint woes - what do I do now? Help appreciated! - Dog
Do you REALLY want to entrust your pride & joy to this monkey AGAIN fatdirector?
You could try a Solicitors letter, which will end up in the khazi I'm sure,
If it was my jam jar I'd take it to a 'proper' paint shop for advice.
 Paint woes - what do I do now? Help appreciated! - R.P.
That's what I'd suggest as well - Are you out of pocket by much ?, depending on what the proper paint shop says suggest a SCC action.
 Paint woes - what do I do now? Help appreciated! - Netsur
Look for an Automotive Consultant Engineer. I used one years ago called Strange, Strange & Partners. They act for you in providing an independent professional report which can be relied upon in Court if necessary. Worth every penny when I used them - got a new car out of a Fiat dealership after a year of hassle from new.
 Paint woes - what do I do now? Help appreciated! - MD
I'd give him depression. Right where it hurts. An incompetent liar to boot.
 Paint woes - what do I do now? Help appreciated! - Jacks
I'm sorry to hear about the XJS.

Unfortunately it sounds like this guy doesn't have any money or assets, he hasn't paid rent, his family are "supporting him" ..(paying/contributing towards the rent on the new place?),
he didn't even top up his phone, can't afford a land line.

If you get the paintwork done elsewhere and bill him for the work - he won't pay

If you send a solicitors letter he'll ignore it - he won't pay

If you go through the SCC and get judgement - he'll say he can only afford a tenner a week
and then - after a couple of weeks - he won't pay.

The specialist mechanic who passed over the paintwork part of the job did you no favours - if you had started from scratch wanting paintwork you would have probably asked around, done some checking etc - now you've been left high and dry.



J
 Paint woes - what do I do now? Help appreciated! - Mike Hannon
SFD, I'm so sorry to hear of your woes. I don't know where you are in the UK but the guy from whom I bought my XJS runs a specialist motor assessment firm which has branches in several parts of the country. I would be pleased to put you in touch if you need to. My email is on my profile.
 Paint woes - what do I do now? Help appreciated! - Fenlander
What a nightmare sfd... sorry to hear it. As with some others the last thing I'd do is let the guy have the car back to *rectify* it... his work sounds so bad he could make such a mess a proper guy would have a lot of work to resolve it.... particularly if his *depression* kicks in big time.

You may just have to bite on the financial loss... sadly.
 Paint woes - what do I do now? Help appreciated! - Mapmaker
*What* a disaster, you poor thing.

What is the monetary amount?

A solicitor's letter is pointless, if you are under the small claims track (court) threshold then just put a claim in through moneyclaim online for the cost of rectification of his bad job. Get three quotations, choose the middle one etc. etc.
Last edited by: Mapmaker on Fri 14 May 10 at 16:24
 Paint woes - what do I do now? Help appreciated! - Iffy
You can't get blood out of a stone, but lawyers can still get money out of you.

The solicitor would want paying for his letter, even if it did nothing.

I would also doubt this guy's competence to sort the job out, even if he wanted to.

Paying for the car to be put right goes against natural justice, but it might be wise, particularly if it will not cause you too great a financial hardship.

 Paint woes - what do I do now? Help appreciated! - Herr Sandwichmann
Is there an official body that you can take this up with - at least so that no-one else gets screwed by this character? All this talk of depression, etc sounds like porkies to me.

I hope that you get this sorted.

CM
 Paint woes - what do I do now? Help appreciated! - Lygonos
Without knowing all the facts I'd be inclined to see what they 'specialist' can do - he presumably recommended the chap who did the paint - maybe you'll not get a full refund but any specialist worth their buttons would feel at least a little culpable and may offer some help.

Reputations are hard earned in these circles - naming and shaming on Jag forums would not be something most good practitioners would want to risk unneccesarily.

I think the comments about being unable to reclaim your money from the original chap are well made - never pay for services until your are happy with them. Period.
 Paint woes - what do I do now? Help appreciated! - Boxsterboy
The depression may or may not be a load of carp, but clearly the guy is down on his luck, short of money, etc. Have you visited his new 'premises' to see if his excuses add up? Going legal may well be throwing good money after bad.

Probably one to write off to experience and start affresh with someone who comes recommended.
 Paint woes - what do I do now? Help appreciated! - Lygonos
From the OP --- >> Whilst it was there he also agreed to sand down and polish the whole car <<


(>.<)
 Paint woes - what do I do now? Help appreciated! - Westpig
Sometimes in life you have to learn and move on. Get someone decent to do the work again and out it down to experience.

You certainly don't want a bodger anywhere near it, even if it was to TRY to put right what he bodged before.
 Paint woes - what do I do now? Help appreciated! - Slightlyfatdirector
Thanks to all for your supportive replies. I will email you seperately Mike.

The guy came highly recommended. Porsche trained and I have seen cars he has done that have been superb. The mechanic is indeed mortified by the whole situation and is doing all he can to get this resolved, but he no longer has much influence to bear on this other chap although they are in communication and the paint guy insists he will get everything done to my 100% satisfaction.

I have always been willing to give the benefit of the doubt. I would like to think if I made a mistake in my job that I would be given the opportunity to make good. I will give him that one chance. He cannot make it worse than it is at the moment, and he knows I will be going over it with a fine toothcomb!

It is a non-metalic black which he tells me he has a paint supplier that will use an electronic gizmo that anylises the paint on the car and comes up with a paint match recipe and this time it will be right. I wanted the car back before the end of the month for a car run, but he tells me his spray booth / oven will not be installed by then, and he will do it anyway and do a good job. I will tell him to wait until his booth is ready in a few weeks and then I will take it down. I will drive down first to check out the premises.

The guy that runs the spanner-twirling business has said that he will remove everything from the car that needs to be taken off prior to the paint (convertible hood needs to be partialy removed, rear bumpers, lights, etc) so the guy has a clean and easy starting point. This will be done FOC.

Overall the paint guy was paid £350 for painting the rear wings, £400 for polishing the car all over (many different grits, techniques) and £150 to respray the bonnet.

To say I was gutted when I collected the car is an understament. Hopefully in a few weeks all will be well, but my wife has now fallen out of love with the car and is trying to convince me to get rid of it. I will resist this for as long as I can as (normally) it is a complete stunner (the car that is!).
 Paint woes - what do I do now? Help appreciated! - L'escargot
Unfortunately, when work (any type of work) done for you turns out to be sub-standard it's often a waste of time trying to get it redone by the original tradesman. They mostly have a certain level/standard of skill and workmanship upon which they can't improve no matter how many times they redo the particular work.
Last edited by: L'escargot on Mon 17 May 10 at 13:59
 Paint woes - what do I do now? Help appreciated! - Slightlyfatdirector
Mais oui L'escargot , but he is known for doing really good work in the past (I have spoken with a few very happy people and seen their paint which he has done and has been superb), so I know he can do it. Why it did not happen to my car is a mystery and his appaling customer service skills does not build confidence, but you are correct in what you are saying in principle. I have had this in the past with trades at home who have done a poor job because they have probably never seen a good one, and I am not about to educate them.........
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