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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I paid a removals company to move my items from spain to the

Customer Question

I paid a removals company to move my items from spain to the u. Half the items arrived on the deadline. The other half i am still waiting for, its now been over a week and they are not being very helpfull. they say it might still take over a week to get to me and cant give me a date. What action can i take/threaten to take to get them in gear?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you.
Alex Watts : Did you pay a uk company please?
Customer:

im not 100% sure

Customer:

they are based in the UK and in Spain.

Alex Watts : If they are based in the uk then you have a claim.
Alex Watts : You should write and say you will be suing for compensation and delivery of the items unless they do so within 14 days. Make sure you send this recorded delivery and keep a copy
Alex Watts : If they refuse then you can issue proceedings in the County Court. You can by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : You are asking the court for an order for compensation and that they deliver up your remaining items
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:

yes please, is it 14 days from when the items should have been delivered? or 14 days from when i action the claim?

Alex Watts : 14 days from when you send the letter
Alex Watts : So in effect they must deliver within 14 days from today, if you send the letter today
Alex Watts : Does that help?
Customer:

yes thats fantastic thank you. just one last thing, what if they are a Spanish company?

Alex Watts : You can still sue here, you just need to get a European enforcement order after you get judgment to enforce any award there
Customer:

sorry, also, how much could i sue them for? i paid £1800 for the service.

Alex Watts : Please see
Alex Watts : http://www.justice.gov.uk/downloads/courts/european-union-cross-border-claims/ex375_1005.pdf
Alex Watts : Sue them for £1800
Alex Watts : The judge may award this value or less.
Customer:

excelent, thanks very much

Alex Watts : You can always claim less in court,never more
Customer:

ok

Alex Watts : If this answers your question might I invite you to rate my answer before you go
Alex Watts : If the system won't let you or you need more help please click reply
Customer:

will do, just making a note

Alex Watts : Once you rate the format changes and you can copy and paste it
Alex Watts : Also you can come back to the question at any time
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

If i send the letter and they deliver the items within the 14 days, am i within my rights to demand compensation for the late delivery?

Expert:  Ash replied 2 years ago.
Yes you are

Alex

Customer: replied 2 years ago.

the full amount of £1800? and if they refuse do i go through the same process as described before?


 

Expert:  Ash replied 2 years ago.
Yes indeed.

Alex

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