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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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We are a business who sold to a consumer a item which was

Customer Question

Hi we are a business who sold to a consumer a item which was ordered over the telephone, we wasnt able to fulfil all the order as the item was out of stock, but the consumer has sent a county court for the labour cost they incurred for a days labour lost, we have refunded the delivery cost as a good will gesture but they want the labour costs too are we liable for this?
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.
What was the labour involved in a consumer product?
Customer: replied 1 year ago.
Hi we only supplied the goods to the consumer, this being wooden staircase components the labour was to fit these goods onto a staircase by a carpenter, the consumer said this has cost them £125.00 and also trying to charge us for the £50.00 for the item that they had get for the one we couldn't supply, thank you
Expert:  Jo C. replied 1 year ago.
That is a nonsense.
Under the consumer legislation he cannot claim consequential losses.
He can drop down upon the law of contract and try to argue that consequential losses for your breach should be levied but that is a high test and he would have to show that it was within the contemplation of the parties at the time of contracting. I suppose he could argue that labour would have been in the contemplation of the parties but he would also have to show that it was your fault he couldn't cancel which isn't likely.
Just invite him to sue.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Hi Jo thank you for your response, could you confirm how would the best way to respond to this would be do i need to fill a county form in a respond or just by letter? also the customer has now started to send bad reviews on all social media sites which we are very disappointed in because we have been trading for 16 years and have never has a county court or bad review, thank you
Expert:  Jo C. replied 1 year ago.
Bad reviews are always a problem because the internet freezes time effectively.
You can always get a solicitor to write to them warning them of the laws of defamation and threatening court action and costs if they do not remove it.
Customer: replied 1 year ago.
how do you think i should respond to the county court letter?
Expert:  Jo C. replied 1 year ago.
They have had some advice to send that before issuing. It is a letter before action effectively.If you are prepared to risk being sued then just write back denying liability and inviting them to sue if they disagree.

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