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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm trying to find out if it is worth taking my claim through

Resolved Question:

I'm trying to find out if it is worth taking my claim through the small claims court.
I placed an order with an Internet company, adhered to their advertised lead times, advised when I would need the item delivering by, and received confirmation from them in writing.
On the agreed delivery date I found out the item would not be delivered, so arranged my own courier to collect it so that it would arrive on time (for my daughters birthday).
I believe they are in breach of contract but I'm not sure if I can claim the expenses I incurred by arranging my own courier.
Any advice would be very welcome.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When you say it would not be delivered, was it still at the depot?

Alex Watts :

What was the item and value please?

Customer:

Yes it was still at their premises. On Friday 10th October they confirmed delivery for Tuesday 14th October. I chased on Tuesday 14th and was told it hadn't been despatched. Total order value was £235 hence my idea of the small claims court.

Alex Watts :

Ok - what is the courier cost?

Customer:

£250 - as they didn't tell me sooner that it would not arrive in time, my only option was a same day courier.

Customer:

I did offer to collect the item myself but they did not take me up on that.

Alex Watts :

Ok.

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 :

They are indeed in breach of contract.

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:

That's great, I wanted to make sure it was worth pursuing, you've been very helpful - thank you.

Alex Watts :

Great. Can I help with anything else today?

Customer:

No, that's everything, thank you.

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