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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience:  Over 5 years in practice
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hello, I bought some items on- line, So I visited

Resolved Question:

I bought some items on- line, So I visited to get a van man that can pick the item and then deliver it to me. The van man did collected the item from where i purchased it and delivered it to me. Thinking that the van man is responsible, I kept his contact details in case of future time.
So when i bought another item from the same company again, i contacted this van man and he agreed to pick it up for me and charged £110. I suppose to pay him on delivery. we agreed that he would deliver the item on saturday 18th of October 2014 by 1pm. I waited the whole day and he did not come, gave him many calls and he refused to pick them, sent him text message for update at about 16:34, he replied later at 19:19 and said: "hi sorry about today i've crashed my van as soon as i can sort it i'll be strate you many thanks."
so i replied "you have held my business to ransom and refused to pick my call. I've lost about £200 today because i want to keep the appointment. it does not work that way. if i dont receive the delivery today, i will take off £20 for each extra day it takes to deliver it. and will take it further if you take too many more days" he then responded "who are you",
The following Tuesday, 21/10/2014, i text him "hi contrary to the agreement, my goods still remain with you till today. just to let you know that i will involve the police if i dont receive them by tomorrow" he replied "what goods, dont try blackmail me you received your hoovers yesterday" then i replied " oh is that what you plan, i will invite police asap" and he replied " i will phone them myself you are clearly trying to pull a fast one on me".
I then contacted the police and reported the incident. however, after series of investigations by the police, the police just contacted me now that the matter is a civil case and they will not be able to take any further action.
Now I will want advice on:
1. what will be the best actions to take at this point.
2. I purchase the items at about £300, but I would have made about £1500 on the sales of these item and i have invoices of the similar items i have sold to prove this. I will like to know, if i take him to court will i be able to claim the actual amount i would have made on the items or is it only the cost i paid on the item.
3. should i decide to take him to court, on what grounds can i do that, and what court will be appropriate.
Please can you advice me on the best course to take.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
So, in short, he hasn't delivered the van yet?
Customer: replied 1 year ago.

it is not van, he was to use his van to collect the items and get it delivered to me.

the items have not been delivered up till now.

Expert:  Jo C. replied 1 year ago.
Has he said when he will deliver?
Customer: replied 1 year ago.

from what i sent to you, i explained that when i text him to remind him that he has refused to deliver the item and hence i was going to contact the police, he said "what goods, you have already received them"

So he was claiming he has delivered them before i contacted the police. But he told the police that He has got rid of it because he gave me three days to come and collect it but i did not.

meanwhile the agreement is that he picked it and delivered it to me not that i go to him to collect it.

I have not heard from him since i contacted police about the matter.

Expert:  Jo C. replied 1 year ago.
The police are of the view it is a civil matter and probably it is. Although he has potentially committed an offence, even if he were prosecuted it would not recover your money.
On your specific points above.
1 You can sue for the value of the goods at the small claims court easily enough.
2 You only have a claim for the price you paid for the items.
3 It is really just an allegation of breach of his contract to deliver to you. The small claims court will be fine.
Can I clarify anything for you?
Customer: replied 1 year ago.

thanks very much for your prompt reply,

it is really unfortunate that this has happened. If he has gone ahead and sell the items, it he will gain from stealing my property and will just give me the price i paid for it while he keep all the profit,

is there any other ground to claim more compensation from him?


Expert:  Jo C. replied 1 year ago.
Well, you do have a claim for consequential losses in breach of contract but not here. This isn't a consequential loss. It is just a lost profits issue.
Customer: replied 1 year ago.

what is consequential losses

Expert:  Jo C. replied 1 year ago.
Losses consequent upon the breach other than those that flow directly from it.
Customer: replied 1 year ago.

thanks very much for your promptness, but i just want to be sure it worth taking further action and also get the best out of it.

What about the losses as a result of keeping me home for a whole day,

paralysing my business for many days,

lying that he had delivered the item and accusing me of blackmailing him,

asking me "who are you"

Expert:  Jo C. replied 1 year ago.
There is no claim arising from any of that I'm afraid.
You would have kept a day free anyway.
The fact of paralysis is too remote from the loss.
The lies and allegations are not claimable.
Jo C., Barrister
Category: Law
Satisfied Customers: 69251
Experience: Over 5 years in practice
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