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 Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3666
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Engine Scam. I'm with a company in Iceland. We bought a

Customer Question

Engine Scam.
I'm with a company in Iceland. We bought a second hand engine through a company called Replacement Engines in BARKING
IG11 0RJ. We paid for the engine in advance with a bank transfer. The delivery time was supposed to be 3 days. That was 3 weeks ago. They ignore my emails and give me bogus shipping numbers when I call.
I would appreciate any advice on how to handle this.
Regards,
Sigmar
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
MY name is ***** ***** I will assist you.
How much did you pay for the engine?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ

We paid 2.295 Pounds

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I will write a response to recommend what action you can take next.
This may take me a little while so please do not be concerned if you do not hear from me right away.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you AJ

Expert:  Alex J. replied 2 years ago.
Hi
No problem.
I am working on a response now and will post it in the morning at the latest!
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your patience.
1. The Law:
- Under the Sale of Goods Act 1979 - where there has been no stipulated delivery date it is assumed that the goods should be delivered in a reasonable period of time.
2. The Facts
- This company has failed to deliver the goods and also given you misleading information as to their delivery;
- Based on their conduct their is potentially an intention to never actually deliver the goods;
- The seller is therefore potentially in breach of contract for not actually delivering the goods.
3. Remedy;
- The fact that they have given you false shipping documents potentially means a lack of intention to honor the agreement;
- This is what is known as a condition of a contract - breaching a condition means you can rescind the contract and then claim any reasonably foreseeable damages.
- What I would suggest you do is the one of the following:
1. Cut your losses, order another engine from a more reputable supplier - you can then sue the old seller for the additional cost and loss you have suffered as a result of buying the engine from another - in order to do this you need to give them a 7 day letter before action that you intend to rescind the contract and sue them in the county court. https://www.gov.uk/make-court-claim-for-money/going-to-court - this site explains how to start a small claim in the UK County Court;
2. Give them the benefit of the doubt and give them one last chance to deliver the goods;
3. If you suspect this is fraud becuase they have stopped corresponding with you - www.actionfraud.police.uk/report_fraud - report it to the UK police.
Can you tell me anything else about this company? Was it recommended to you?
Kind regards
AJ