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Ash
Ash, Solicitor
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Experience:  Solicitor with 5+ years experience
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My partner has bought a franchise (mobile dog grooming) from

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My partner has bought a franchise (mobile dog grooming) from an established company. They promised a converted van by March. My partner has paid for the van and conversion through the franchise owner. She is the legal owner. The van has been delayed time and time again, without the van my partner cannot start her business and earn money. They are refusing to tell her where the van is being converted or give contact details of the conversion company. Is with holding that information paramount to theft and is the franchise owner in breach of contract for failing to provide what they promised? ie. Could she cancel the agreement and request a full refund?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
If it was an important part of the contract then yes, this is a fundamental breach of contract.
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?
Customer: replied 1 year ago.
What about them not telling her where her van is? If she no longer gives them permission to hold it for her and requests it is returned to her and they refuse, surely that's theft or similar?
Expert:  Ash replied 1 year ago.
Its not theft as that is a criminal matter, this is more civil. She can seek a Court order for the return of the van too. If she does and they refuse, that then is contempt of Court.
Does that help?
Alex
Customer: replied 1 year ago.
No, how is them being in possession of her property and refusing to return it, not a criminal matter. Surely there is a law that they are breaking?
Expert:  Ash replied 1 year ago.
It would not be theft, it would be civil. Theft is taking of property, belonging to another with intention to permanently deprive. Here I assume the vehicle was given and they would say they have no intention to keep it. Therefore its civil.
You can report it to the Police, but you will find they probably wont do anything. But if you are taking them to Court anyway, you can get a Court order for return plus compensation for loss of use, which you cant do via the Police.
Does that clarify?
Alex
Customer: replied 1 year ago.
Sorry, but surely by them refusing to return it or divulge the location of it, they are showing intention to perminantly deprive. If they weren't they would give it back or tell us where it is so we could collect it? Or am I missing something? Feel free to explain it as if I were an idiot.
My partner has never had the van. It was sourced by the franchise owner direct from supplier and delivered to converters on her behalf. She has paid for it. If that helps.
Expert:  Ash replied 1 year ago.
Not necessarily as they did not appropriate the property. The Police wont be interested, you can try as its a civil matter. Breach of contract. You can try but are likely to need the Court.
Does that clarify?
Alex
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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