Hello my name is XXXXX XXXXX 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. There is no need to wait here, you will get an email when I reply.
How much is in dispute please?
Just under £68.00
But they said they spoke to an unnamed person who said they could deliver everything?
Or should I say what they had?
Yes they did, however, they couldn't actually tell me the name of the person. I also believe as I placed the order and had said no to the substitution, they should not have gone ahead and done that.
Regardless of who they state said it was okay to do so.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. As the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Well I did send them a letter back in October so which they claimed they never received and I ended up emailing them, but I will resend with the additional information that re the advice about going to court, etc.
Yes I would do so
Can I clarify anything?
and recorded delivery. Could you just confirm for me though that I am actually justified in making a claim and to be honest it is not even now about the money but more to do with the principle of the thing.
Yes I think you are justified. Your instructions were very clear
Thank you very much.
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