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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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Please ask Jo to re-contact me as the link was lost - about

Resolved Question:

Please ask Jo to re-contact me as the link was lost - about 10 minutes ago Thank you Peter XXXX

Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help?
Customer: replied 1 year ago.
Jo, I have a contract - offer, acceptance, prepared to be legally bound, and a consideration - with a UK, on-line kitchen spares supplier. My order was placed and fully paid for nearly ten months ago. Despite many e-mails and phone calls the goods have not been received. I have written to give them seven days to deliver, but this has been ignored: they sent me a terse e-mail saying that they had, against my wishes, cancelled my order. What are my remedies to enforce the contract and claim compensation and all costs, including legal, as I consider that they are in breach of contract? This is not high value, but an important principle is at stake. I can provide copies of all correspondence. What is your view and advice, please. Regards, Peter
Expert:  Jo C. replied 1 year ago.
Have they refunded your money?
Customer: replied 1 year ago.
No
Expert:  Jo C. replied 1 year ago.
Thanks.
I'm afraid you are over estimating the strength of your position.
Clearly, they are in breach. You have a contract with them and they should perform. However, a breach only gives you a claim for the cost of being put into the position you would have been in if the contract had been properly performed. They can do that by returning your money.
They are under an obligation to return anything you have paid them and you do have a claim for that sum plus costs and interests if they have to sue.
You don't have any other claim though. At the very highest point you might have a claim for the difference between this price and the price you have to pay to get this work done but it is not the best I'm afraid.
You cannot force them to perform the contract if they refuse. The only way that can be done is if the goods are so unique that they cannot be obtained elsewhere - that would cover things like contracts for specific animals or antiques.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Please could you clarify paragraph three - "you have a claim for that sum plus costs if THEY have to sue"?
I have found the same parts also available on-line at around £30 more than this company have charged me and have suggested that as a gesture of good will they obtain the goods from the other company and send them to me: but they have declined to do this
Expert:  Jo C. replied 1 year ago.
That should have read if you have to sue.If the difference is only £30 then I wouldn't suggest bringing a claim. That will not go down well.
Customer: replied 1 year ago.
Thank you, ***** ***** your advice. Regards, Peter
Expert:  Jo C. replied 1 year ago.
No problem.
All the best.
Please remember to rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
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