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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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I BOUGHT A TRAILER WITH A SIDE MESH KIT FROM VINCENT TRACTORS

Customer Question

I BOUGHT A TRAILER WITH A SIDE MESH KIT FROM VINCENT TRACTORS IN CORNWALL. I WAS TOLD THAT THE SIDES WOULD TAKE 2-3 WEEKS TO COME IN THEY WOULD CONTACT ME AND I WOULD HAVE THEM FITTED,THAT WAS ON THE 11/4/2014 I WAITED FOR 4 WEEKS AND CONTACTED THEM THEY WERE STILL NOT IN EVENTUALLY AFTER A LOT OF DISCUSSION IT WAS DISCOVERER THEY WERE NOT EVEN ORDERED AND AFTER MUCH ARGUING THEY ARRANGED FOR SOME TO BE SEND DOWN FAST DELIVERY THEY ARRIVED AND WERE FITTED BUT ARE DAMAGED THEY SAID THEY HAVE PUT IN A COMPLAINT TO THE COMPANY AND ARE WAITING FOR REPLACEMENTS, THAT WAS 4/5 WEEKS AGO AND I HAVE NOT HEARD ANYTHING HAVE I THE RIGHT TO RETURN THE TRAILER AND DAMAGED SIDES ND ASK FOR MY MONEY BACK, AS I THINK I HAVE BEEN PATIENT ENOUGH FROM 11/4/2014 UNTIL NOW . THANKYOU
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

What is the value of the tractor?

Did you take delivery of the tractor before the sides were fitted?

Do you have any thing in writing that says it will take 2 weeks?

Kind regards

AJ
Customer: replied 2 years ago.

It was a trailer not a tractor the cost £882.00 in total they told us to take the trailer at the time we bought it as it would be a couple of weeks for the sides to arrive. we do not have anything in writing to say it would be two weeks. BUT i do think 10 weeks is to long and they have made no contact with me it is always me who has to chase them . thank you Pauline

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

My apologies, unfortunately auto correct got the better of me their.

Under the Sale of Goods Act 1979 if delivery of their obligations under the contract is silent on time limits, then it assumed that it should be done in a "reasonable period" of time. Clearly if they quoted 2 weeks and then 10 weeks is wholly unreasonable and in breach.

What I suggest you do is write to them as follows:
1. Say that they are clearly in breach of the contract as they have not complied with their obligations within in a reasonable period of time;
2.Say that if they do not deliver the parts by the end of the week you reserve the right to take further action;
3. Such further action will include returning the trailer and demanding a full refund and redress for any damage you have suffered;
4. Say if you reserve the right to:
(i) Report them to Trading Standards - www.tradingstandards.gov.uk/
(ii) Make a claim in the county court for any losses you suffer - https://www.moneyclaim.gov.uk/web/mcol/welcome

If they still do not deliver the parts, send them a notice demanding a full refund and that they collect the trailer. If they do not pay up you will have to complain to Trading Standards or go to the county court.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Your information only confirmed what i already knew but was ok .

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