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Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Are they a UK company? How much are you seeking to claim please?
yes is a registered Uk company
1. Due to the delay in shipping and also the company has shipped my car in a container with other cars and was damaged
2.Accumulation of the port charges which has been caused by the delay
3 costs of my flight tickets
What are the costs in total?
How did you pay for the shipping service?
i paid the shipping by bank transer to this company
What you need to do is write to the Company and set out your losses and say that they are in breach of contract under Section 13 of the Sale and Supply of Goods and Services Act because they have failed to act with all reasonable skill and care. You need to set out and itemise all your losses and say because of their breach you are entitled to these losses. Say that you expect payment within 14 days failing which you will consider issuing proceedings in the County Court.
i have documents to prove this
If they refuse then you can issue proceedings either by going online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and taking it to your local County Court. The Court will then issue the claim and they will have a limited time to defend it, if not you can enter Judgment and enforce that Judgment.
If they do defend it the matter will proceed to a hearing in due course and the Judge will decide who wins. Given the value it would be a small claim and you do not need a Solicitor and you can represent yourself.
You need to file your evidence 14 days before any Court hearing so this would give you plenty of time to gather your documents and put together a witness statement.
Can I clarify anything about this for you today please? Alex
the charges in the port of mombasa are still accummulating,shall i just leave it and carry on with the case now
You can claim future losses in due course but you need to limit any claim to £10,000 or below to be a small claim.
if they will be willing to sort out this issue,not to proceed to court what shall i do to have a gaurantee they will pay me
You need to ask them as I have suggested above and say you will issue proceedings in 14 days if they fail to do so.
Once you issue proceedings then I am sure it will get sorted very quickly indeed.
shall i address the letter to the company or the person i was dealing with
The company itself.
If this answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex
shall i send the letter with special delivery to make sure they have recieved it
You can if you wish or recorded delivery.