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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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HI, I PROVIDE A MAN AND VAN SERVICE AND UNFORTUNATELY DAMAGED

Resolved Question:

HI,
I PROVIDE A MAN AND VAN SERVICE AND UNFORTUNATELY DAMAGED A CUSTOMERS GOODS IN TRANSIT. IT WAS A SECOND HAND COMMERCIAL COOKER AND I DENTED THE DOORS.
ON DELIVERY, I ACKNOWLEDGED THAT I WAS RESPONSIBLE FOR THE DAMAGE.
FIRSTLY I OFFERED TO WAIVE THE DELIVERY CHARGE. THE CUSTOMER WASNT HAPPY WITH THAT AND SAID THAT I SHOULD REPLACE THE DOORS. I AGREED.

I PHONED THE MANUFACTURERS AND WERE TOLD THE DOORS WERE 70 EACH PLUS VAT BUT AS IT WAS AN OBSOLETE MODEL IT WOULD TAKE 3 WEEKS TO MAKE.

THE CUSTOMER THEN PHONED ME ABOUT AN HOUR LATER AND CONFIRMED HE HAD ALSO PHONED THE MANUFACTURER AND CONFIRMED WHAT I HAD ALREADY BEEN TOLD. HE ALSO SAID THAT THE SEALS HAD TO BE REPLACED. 3 METRES AT CLOSE TO £ 20 PER METRE.

I DECLINED THIS OFFER. I EXPLAINED I HAD ONLY DAMAGED THE DOORS AND WAS ONLY PREPARED TO REPLACE THE DOORS. I FELT HE WAS TRYING IT ON.

I CONFIRMED THIS BY TEXT MESSAGE. I ADVISED I WOULD REPLACE BOTH THE DOORS MINUS THE DELIVERY CHARGE (AS I DELIVERED THE COMMERCIAL COOKER WITHOUT TAKING PAYMENT)

THE CUSTOMER DECLINED MY OFFER. HE SAID THE BEST WAY FORWARD WAS FOR ME TO REPLACE THE COST OF THE COOKER AND COME AND COLLECT IT.

I AGREED IN WRITING.

WHAT I WAS NOT AWARE OF AS THAT THE CUSTOMER EMAILED ME AN INVOICE FOR THE COST OF THE COOKER PLUS £50 GAS SAFE ENGINEER CONSULTATION PLUS £75 FOR HIS INCONVENIENCE.

I WENT TO COLLECT THE COOKER A COUPLE OF DAYS LATER WITH THE MONEY. THE CUSTOMER PRESENTED ME WITH A COPY OF THE INVOICE FOR £ 125 MORE THAN I HAD AGREED.
I WROTE ON HIS INVOICE THAT I HAD ONLY PAID WHAT I HAD BEEN ASKED FOR AS I WAS NOT AWARE OF THE ADDITIONAL COSTS.

I HAVE TODAY RECIEVED AN EMAIL FROM AN ONLINE DEBT RECONCILIATION SOLICITOR.

I NEED TO KNOW IF I AM LIABLE FOR THESE ADDITIONAL COSTS
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What exactly have you paid and what exactly is he asking for?

What has the gas safe engineer had to do with this?
Customer: replied 3 years ago.

IT WAS AN EBAY PURCHASE AND I PAID THE FULL PURCHASE PRICE OF £ 410 AS WAS REQUESTED IN HIS EMAIL TO ME.

NO ADDITIONAL COSTS WERE DISCUSEED OR AUTHORISED BY ME.

HE CLAIMS HE EMPLOYED A GAS SAFE ENGINEER TO STATE WHETHER THE COOKER WAS USEABLE. (I DONT ACTUALLY BELIEVE HIM AS THIS APPARENTLY HAPPENED WITHIN AN HOUR OF ME DELIVERING}

.HE IS ASKING FOR £ 50 FOR THE GAS SAF ENGINEER AND £75 FOR HIS INCONVENIENCE. IE FINDING AN ITEM ON EBAY FOR A CLIENT AND BEING THE WINNING BIDDER

Customer: replied 3 years ago.


APOLOGIES. QUITE A CRUCIAL POINT IS THAT HE EMAILED ME 'THAT THE BEST WAY FORWARD WAS TO REFUND THE £410 AND COME AND COLECT THE COOKER.'


SO I HAVE HIS OFFER IN WRITING TO WHICH I AGREED WITH IT

Expert:  Jo C. replied 3 years ago.
Thank you.

I think you are entitled to rely on that offer which you clearly accepted.

I would be inclined not to pay anything else and if he feels differently, let him take you to court. The judge will then decide.

I would not worry about the letter from the solicitors because he be does decide to take you to court, this will be Small Claims Court and he will not recover those solicitors costs apart from a fixed £50.

Provided you are a private individual if he does issue court proceedings then the proceedings will be transferred to your home court which may not be particularly convenient for him.

I would write back and tell him that you have no intention of paying anything else (unless you want to pay him of course) and that if he feels differently, you should take you to court and you will defend those proceedings

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

THANK YOU VERY MUCH FOR YOUR ASSISTANCE.


YOU HAVE CLARIFIED WHAT I THOUGHT TO BE THE CASE.

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

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