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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have a shipper that sends our goods into Europe for events

Customer Question

We have a shipper that sends our goods into Europe for events .
He picks the goods up in good time to have them delivered in time for the event.
On this last occasion he picked them up and delivered them after the start time of the event so the client had to make alternative arrangements . In the end she postponed the event to use our goods but has billed me for the alternative arrangements (She rented some african drums because ours hadn't arrived)
I have told the shipper that I expect them to cover some of these costs that have been passed onto me since it is their error that caused the mistake. He denies that they made any error and that it is because customs held up the goods. I know that after 14 years of doing these events his truck was running late and only got to customs too late to deliver on time. I"d like to dispute this invoice and request from him proof of how long the goods were held at customs so that I can verify if we let down the client because of customs or his negligence .. We have had two situations in the past where he made a big mistake like this and both times he discounted the invoice but this time seems to be trying to blame it on customs..... How do I get a legal letter to ask him that question and inform him that I am disputing the invoice so that he cant try and go straight for judgement .. The event was early October but he has only responded to my last question today.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Is there a delivery time specified in any contract or note please? If so, was it after then?
JACUSTOMER-hn5chexi- :

well we dont hav a contract but the delivery date was agreed by the shipper when we booked the shipment

JACUSTOMER-hn5chexi- :

The drums were supposed to arrive , cleared on the 7th october for the event which needed to set up at 8.30 am on the 8th

JACUSTOMER-hn5chexi- :

he picked up the goods on the 30th sept apparently in good time to be cleared in time

JACUSTOMER-hn5chexi- :

but then said that he could only deliver on the morning of the 8th , by which time the client was panicking and callled a local drumming company to rent 100 drums in case the shipment didnt arrive

JACUSTOMER-hn5chexi- :

they ended up delivering later that morning

JACUSTOMER-hn5chexi- :

by which time the client did not believe a word we were saying because we had now "lied" to them about the tuesday delivery and the early wednesday delivery

JACUSTOMER-hn5chexi- :

I don't think that Simon Pick (the shipper )got the goods to customs in good enough time to clear by the agreed delivery date which was Tues 7th

JACUSTOMER-hn5chexi- :

Im not sure if you are there Alex ?

JACUSTOMER-hn5chexi- :

It says you have answered my question but I don't see anything ?

Alex Watts : I think that is system generated.
Alex Watts : But what date was agreed for delivery? Where does it day this?
JACUSTOMER-hn5chexi- :

We have an email where we requested the drums to be delivered "latest the 7th of October"... ie before then but that is our deadline .

JACUSTOMER-hn5chexi- :

Most of our arrangements with them over the last few years have been by email and verbal ... but this one is clearly mentioned in an email of 25 September

JACUSTOMER-hn5chexi- :

are you there Alex ?

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.



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.



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.



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.



Can I clarify anything for you about this today please?

JACUSTOMER-hn5chexi- :

Hi Alex , can we have a discussion about this on skype or something otherwise it takes too long ... Thanks , brett

JACUSTOMER-hn5chexi- :

I have not paid them yet , we are on an accounts basis so although I am looking for a credit , I am not looking for a refund

JACUSTOMER-hn5chexi- :

Should i not write to him first to ask him to clarify when these goods were submitted to customs ... because if for example they were only submitted the day before, then he was clearly negligent ... however if he submitted them to customs, lets say 3 or 4 days before, he might be able to argue that Customs delays are beyond his control .

Alex Watts : You should ask for eviidence yes.
Alex Watts : But if he can not provide it or it is against him he will be in breach of contract.
Alex Watts : You would then be able to claim losses directly arising as a result of the breach.
Alex Watts : I have submitted a skype or telephone additional service.
JACUSTOMER-hn5chexi- :

Dear Alex

JACUSTOMER-hn5chexi- :

There is still one point that I have not yet understood from you based on my original question and that is because we have not yet paid this account, we are not claiming anything from him besides a credit note ..> Do we still threaten him to go to court to get a credit note , or how would we phrase that in a letter.
Thanks
Brett

Alex Watts :

Dear Brett - you just want a credit for that amount. You can refuse to pay that sum if he refuses and he would have to take you to Court for that sum

Alex Watts :

You could do it that way

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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