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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello,i have a large pond which i have pumped out all the water

Resolved Question:

Hello,i have a large pond which i have pumped out all the water to enable me to remove all the silt in the bottom.I removed all the fish ( about 300no.) some of which i have had for over 30yrs and kept them in a large above ground swimming pool for the last 4 weeks and were quite happy.I purchased a good quality submersible pump to circulate the water to keep it aerated for the health of the fish.On Thursday evening 26th.June the pump seized up and by Friday i had lost all my fish,many of which were over 2ft.long.The company i purchased the pump from replaced the pump immediately as it was only 4wks old and they are as upset about the loss of my fish as i am.As i have to now completely restock my pond,can i get any compensation from the manufacturer of the pump which had a 12mth warranty.I have no complaint with the company that supplied me with the pump,but i think the manufacturer should compensate me for my loss.I would appreciate any advice. Many Thanks *****
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How much would it cost to restock please?
Customer:

I will have to enquire from a fish supplier to get an approx. cost.How do you put a cost on fish that you have had for years?I have taken several photos of the fish i have lost.

Alex Watts : Ok, I will assume the cost is below £10,000
Alex Watts : you need to get a quote for fixing it
Alex Watts : 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 signed delivery and keep a copy.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thankyou for your info.So do you think i have a case to claim some compensation?

Customer:

Thankyou for your info.So do you think i have a case to claim for some compensation?

Alex Watts :

I think you do have a case.

Alex Watts :

Does that help?

Customer:

Yes it does,thanks again for your help.

Alex Watts :

Great.

Alex Watts :

If I could invite you to rate my answer.

Alex Watts :

If the system wont let you please do say

Alex Watts :

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