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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife purchased a £400 trailer for me as a present. It was

Resolved Question:

My wife purchased a £400 trailer for me as a present. It was delivered as a kit in two parts. I opened it 16 days after delivery. The base of the trailer was badly damaged. They agreed to replace the base. This was sent back to them, and they delivered a "new" one.
On opening this base, part of the structure is missing - a strut that should be pop-riveted to the chassis is not attached. I also have no instruction manual, so I'm not sure if anything else is missing.
I suggested that they replace the entire trailer. I attach our e-mail correspondence.
Am I able to take them to a small claims court to recover our£400?
Dear Simon
I am in receipt of your communication below and of e mails sent yesterday by you and your wife
As you and your wife have referred to potential court action I have passed the details of your position to our legal team who will respond to me in due course
Once I have received their comments I will refer back to you. This should be within 7 working days
Yours sincerely
Rob Porritt
Sent from my iPhone
On 31 Jul 2014, at 10:16, "Simon Mackey" wrote:
Dear *****,
I have spoken to Emma this morning and would like to speak to you later today.
I just want a trailer! Both bases delivered are damaged / not properly constructed. Both boxes were open when initially delivered - with loose bolts on my floor, and no manual. - very difficult to verbalise what else may be damaged.
The chassis box, I only opened on Sunday - having received what I thought was a complete base. The rubber seals on the chassis have also pulled away.
I don't believe that "the company have done all that we can reasonably be expected to do to assist" - as you have not yet delivered me a useable trailer.
I think basic customer service is all that is required. I am not a difficult individual - but find this situation very frustrating.
Simon Mackey
!!!
Will write to her manager.
I am so sorry it was meant to be a nice surprise to make life easier. Now just a useless waste of my money.
V x
Sent from my iPhone
Begin forwarded message:
From: "Cheryl John Baptiste"
Date: 30 July 2014 13:13:49 BST
To: "Vicki Moxham"
Cc: "Robert Porritt"
Subject: Ered 122 Trailer.
Hi Victoria,
You ordered this trailer on the 12/6/2014, and it was delivered to you on the 17/6/2014. You didn’t unpack it until the beginning of July.
You notified us that the base unit was damaged on the 4/7/2014.
Even though you had been in receipt of the trailer for over 14 days, as a good will gesture, we then agreed to replace the base for you, and collect the damaged one free of charge.
When the new base was delivered and the damaged one collected you also sent back additional parts of the trailer (as the person who handled this on your behalf did not realize that only the base was to be returned.)
Again, as a good will gesture, and at our expense, we sent back the parts that you returned by accident.
You then advised us that other parts of your trailer were now missing. i.e Instruction manual & bolts etc.
We sent you the instruction manual again Fee of charge and asked that you circle the items that are missing with a view to again assisting as a good will gesture.
We have now received further photo’s of damaged parts, and a request by you that we should deliver a complete new trailer.
I am writing to advise you that I have discussed this situation with my manager and he has declined to authorize the dispatch of a brand new trailer to you.
The position of the company is that we have done all we can reasonably be expected to do to assist.
If you wish to communicate on this matter further please can you e-mail *****@******.***. Alternatively please write to Robert Porrit at***** Soham
East Cambs CB7 5BE E-mail or written correspondence are the only communication methods to which we will respond as we need to keep accurate records in situations of potential dispute.
If you require any technical assistance pls call our technical help line on 07761 288138
Kind regards
Cheryl John-Baptiste
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 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 was the £400 paid please?
Customer: Hi,
Customer: my wife used PayPal, attached to her Sainsburys MasterCard (credit card)
Alex Watts :

Have you disputed it via Paypal please?

Customer: Not yet. But I think they are in breach of the sales of goods act 1979 in that the trailer base is unusable due to a defective component and the trailer wheel assembly appears to have damaged suspension arms.
Customer: presumably on this basis PayPal should return our cash?
Alex Watts :

Yes, but you may be too late to dispute it given the length of time, but try that first

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 recorded 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?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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