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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Re Failed delivery of Turf to my property which has been paid

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Re Failed delivery of Turf to my property which has been paid in full(£594) as the delivery driver did not attempt to deliver on grass, hardened soil or shingled driveway or by the kerb as was not confident that the floor was hard enough for his manual small lift to offload heavy pallets of grass
Dear Sir
Apologies that my email to the turf company is rather long. I just feel very shaken by false allegations being made when I asked the turf company that if they are unable to offload the product onto my property they should refund my money.
My email is as follows and I would be grateful if I should take any further action regarding the nature of false allegations being made. The firm has indicated that they will not refund the money however the request for advice is not about money.
Should I wait and see what happens
or contact police about false allegations
I do not wish to put myself in a situation of having to deal with these people again
EMAIL
Dear Mr J
I refer to our conversation over the phone earlier where you spoke at length to me and my wife and didn't allow me or my wife to to speak hence this message. You did ask me if I was educated in this country and were being personal and insulting towards a customer who has paid for a service which you have failed to deliver.
The driver was unable to offload pallets of turf as he felt that the ground was unsuitable. We asked him that this can be delivered on the grass, shingled driveway, mud which was flat and firm or large pieces of plywood. I have had many deliveries at my property by other firms without difficulty.
Re your message on my answer phone that the police were on the phone to you regarding threatening behaviour towards the driver by me i.e. that I was waving a piece of wood at him are false and malicious allegations made either by you or an incompetent driver who could not deliver the product which has been paid for.
(After speaking to the delivery company I understand no such complaint has been made to the police)
Te driver wasted 40 minutes of our time by parking at our property, we discussed various methods of offloading the turf peacefully and he wasn't interested . He had to be asked by me at the end -"if you can't deliver the product could you please now leave our property".
You have stated that you were told I was waving a piece of stick at the driver and that the police have been on the phone to you.I would expect that you retract these false allegations and apologise for them.
The manager at the delivery firm states this was not the case and that the conversation by the driver Brian to the manager was actually that the driver felt he was on our property for too long and when asked if he could off load the product in any possible manner he was advised by his office that he can't do this manually . He was apparently told that if he felt pressurised or threatened to offload stuff then they can call the police ! They actually did not make a complaint to the police, so your message and allegations are false.
Quite a convoluted and malicious way of dealing with a straightforward delivery of turf which has been fully paid for.
You will be pleased to know that I have full CCTV recording of the duration of time spend by the driver at my property and at no stage were we abusive or threatening towards him in any way in particular I was not waving a piece of wood at him.
I also have a recording of your voice message with the time on my mobile and full details of last conversation with you and the manager at this delivery courier firm .
I look forward to my monies being refunded immediately as I have no intention of further malicious allegations or visits to my property by workmen who are unable to offload turf and then make false allegations against me.
Please do not ring us again as I have spent more than 2 hours on the phone and computer trying to sort out what should be a simple straightforward delivery as you are not interested in listening to us.
Yours sincerely
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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