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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10287
Experience:  30 years as a practising solicitor.
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I have bought a log cabin which I have paid for in full back

Resolved Question:

I have bought a log cabin which I have paid for in full back in January 2014 £130k . It was to be delivered October 2014. Just been informed that it will not be delivered until January 2015. Can I cancel this order and demand a full refund
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
What do the terms and conditions of contract say about late delivery?
Customer: replied 2 years ago.
No t&c
Expert:  JGM replied 2 years ago.
In that case time is not the essence of the contract and the item has to be delivered within a reasonable time. Generally with high-value items such as houses and other accommodation, cars, etc a delay of three months would not necessarily allow you to repudiate the contract. The reason for the delay would have to be looked at to see if the delay was reasonable.
JGM, Solicitor
Category: Law
Satisfied Customers: 10287
Experience: 30 years as a practising solicitor.
JGM and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.
I paid £130k over on the 28th January 2014 discussed delivery on the 29th June for September they changed to October, November and the December 12th they have now stated January 2015. So I have paid in full and waited almost a year. I wrote to the supplier stating that I wish to cancel the order from the 12th December date and require a full refund no later than 31st December 2014. What course of action do I take next if no funds are transferred
Expert:  JGM replied 2 years ago.
What's the reason for the delay?
Customer: replied 2 years ago.
I bought this from park owner who ordered this from stately homes. They are the ones who have moved the delivery date due to there manufacturing facility being working 24/7. I had a meeting with park owner and stately on the 19th June when October we agreed. H
Expert:  JGM replied 2 years ago.
If they don't give you a refund by the date you request your option is to raise court proceedings for return of the price you paid based on the issue that they are three months late in fulfilling the order and thus you hold them in breach of contract. Happy to discuss further.
Customer: replied 2 years ago.
How do I go about taking a court action against them. Will this not be costly and take some time
Expert:  JGM replied 2 years ago.
A court action for that kind of money will have to be dealt with by a solicitor. Yes it will be costly and could take six months to a year. You can ask the court for interest on the money you sue for and also for judicial expenses which you can use to set against your legal fees.
Short of negotiatiating a settlement of some description that is the option open to you.
Happy to discuss further.

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