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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a haulage contractor and sub-contract myself and my truck

Resolved Question:

I am a haulage contractor and sub-contract myself and my truck to a larger company. As part of our agreement they supply me with a suitable trailer (which they hire from a 3rd party) and regular full time work. The hire cost to me is then deducted from monies owed to me for work compleated. I collected a trailer from the 3rd party aprox 12 weeks ago and since then have had several major problems, mostly with the brakes on the trailer which has meant i was unable to use the trailer while repairs were made, in all I was off the road for 13 days. No replacement trailer was made available. As a dedicated subcontractor I am barred from working for other companies as part of our agreement. Am I entitled to re-claim the hire charges for the time the trailer was off the road and also for loss of earnings from the companie who supply the trailer to me (i have no agreement of any sort with the 3rd party)?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Does your agreement with them limit liability in any way?
Customer: replied 1 year ago.
No liability is limited in any way, only says they can with hold money for work not compleated or if either one of us terminates the agreement any money owed will be held until 45 days from the end of the month
Expert:  Ash replied 1 year ago.
Then yes you can claim.
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?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
No that is all, thank you for your help