How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I engaged someone to restore my vintage tractor he has had

Resolved Question:

I engaged someone to restore my vintage tractor he has had it in his workshop for over three month and I have paid under some pressure six thousand pounds in two amounts to him .When I visited his workshop two days ago it was clear no work had taken place in spite of him telling and e mailing me to the contrary.Can i force him to return tractor and money?
very worried
B Beckett
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree a specific time period?
Customer: replied 2 years ago.

Yes a month

Expert:  Jo C. replied 2 years ago.
Were the words used 'time is of the essence'?
Customer: replied 2 years ago.

no

Expert:  Jo C. replied 2 years ago.
Thanks.
He is in breach of contract if you agreed a turn around of one month but not of such a fundamental term that it allows you to cancel immedaiately because the words 'time is of the essence' were not used.
However, you can still drop down upon the normal supply of goods and services principles which only require you to wait a reasonable time. Three months is more than a reasonable time. You could demand it and the money back on that basis but he will obviously refuse as he will not be happy to part with that amount of money.
You could sue him to recover the money and seek an injunction for return of the tractor or sue for its value. If you have to do that though then you are potentially going to be out of the small claims court arena so costs would be an issue.
I would suggest getting a solicitor to write to him first giving him 7 days to complete or return the tractor and the money and making clear that in default you will sue. Then you have been reasonable and you are protecting yourself from costs.
If that still fails then just issue against him here
www.moneyclaim.gov.uk
You do have a claim for recovery of your costs.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Can i write to him giving him a deadlline date or does it have to be a solicitor with the phrase time is of the essence .one week is not enough time to complete the work in my view

Expert:  Jo C. replied 2 years ago.
You can write to him yourself but he is more likely to take a solicitor's letter seriously.
A week probably isn't long enough but since he has had it three months there isn't really an excuse.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice