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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69375
Experience:  Over 5 years in practice
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Just looking company called van spares 2 u Ltd. As

Customer Question

Hi Just looking for a company called van spares 2 u Ltd. As i have paid them for a engine £1420 inc delivery and it has not been delivered and contact is not possible as the phone number is ***** answered
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.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
We run a fleet of buses and required a engine for one of them, a engine was found on ebay from a 2010 vehicle with 70000 miles for £1350 complete +70 delivery. an invoice was sent via email and moneys paid by internet transfer. A call was made as to when we would receive the goods and confirmation was given that funds had arrived and the goods would be sent the next day. That was 10 days ago we are unable to contact the company the phone is not answered, however more adds from him are now on ebay.
Expert:  Jo C. replied 1 year ago.
Ok
is there something specific you wanted to know about this?
Customer: replied 1 year ago.
Yes What should I do!
Expert:  Jo C. replied 1 year ago.
I presume they are UK based?
Do you have an address for them? Don't give it to me but do you have one?
Customer: replied 1 year ago.
Yes Uk, and yes on bottom of invoice not sure if it's real.
Expert:  Jo C. replied 1 year ago.
Ok. Good.
When did you pay please?
Customer: replied 1 year ago.
3/11/15
Expert:  Jo C. replied 1 year ago.
Did they guarantee a delivery time frame?
Customer: replied 1 year ago.
Two days
Expert:  Jo C. replied 1 year ago.
I suppose you didn't purchase on Ebay?
Customer: replied 1 year ago.
no
Expert:  Jo C. replied 1 year ago.
Okay, thank you.
You don't fall within the protections under eBay then.
Whichever way you look at this he has been paid for a product not delivered. Sometimes merchants are late for legitimate reason but you would expect a communication explaining.
Nevertheless, the fact remains that he is doing this and the only question is how can you recover or force performance.
Since you have is address the first thing to do would be to write to him giving him seven days to deliver or refund and making clear that in default you will sue. If he does not act then you can issue against him at the Small Claims Court.
Is cheap enough to issue so that will not be a factor.
It is possible, of course that this is a scam. There is no way really of knowing that at this stage. You could check the company with companies house to see if it is still trading although there is a cost in that. If it is not then you should report this to the police.
If there does seem to be bad faith then you could get the name of the former director from companies house and sue him personally on the basis essentially of fraud. You will need to trace him but a tracing agent can do that.
Can I clarify anything for you?
Jo

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