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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I have order kitchen units via web site called "Kitchen Unit"

Customer Question

I have order kitchen units via web site called "Kitchen Unit" . Representative came , measured . Order made and arranged fitter. Total cost £1000 . Taken £500 cash upfront on order. Units arrived but some to kitchen units were not suitable size , fitter could not complete the job. But company promised to deliver the remaining units i a week's time , demanded to pay the rest of money £500 to fitter in cash . I paid £450 and retain £50 .The units never delivered, old units never collected back despite frequent phone calls and letters. I have sent 2 letters in recorded delivery . No attempt to reply my letter. I gave warning letter as final letter that he will be taking into court . He still ignored my letter .
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi

Did you agree time was of the essence?
Customer: replied 4 years ago.

Yes , I said to be completed before 24th of December 2011. He agreed to have it done .

Expert:  Jo C. replied 4 years ago.
Yes, but did you use the words time is of the essence?
Customer: replied 4 years ago.
Yes , I did emphasize this. But it is a year now not making an effort to solve their breech
Expert:  Jo C. replied 4 years ago.
Please forget that.

I need to know whether the paper document you signed used the words 'time is of the essence'. That should be a yes or no answer really.
Customer: replied 4 years ago.

The paper was an invoice , there was not any word like this exactly but verbally mentioned infront of witness

Customer: replied 4 years ago.

No

Customer: replied 4 years ago.


Answer is NO

Expert:  Jo C. replied 4 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list

What was the date of warning letter and how long did you give him?