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well we dont hav a contract but the delivery date was agreed by the shipper when we booked the shipment
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
he picked up the goods on the 30th sept apparently in good time to be cleared in time
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
they ended up delivering later that morning
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
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
Im not sure if you are there Alex ?
It says you have answered my question but I don't see anything ?
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 .
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
are you there Alex ?
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?
Hi Alex , can we have a discussion about this on skype or something otherwise it takes too long ... Thanks , brett
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
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 .
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
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
You could do it that way
Does that help?
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