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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70406
Experience:  Over 5 years in practice
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Good Day, My husband reversed his van and damage the awning

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Good Day, My husband reversed his van and damage the awning for Zoe Cripps, I got the feeling she did not want a repair job, so I gave her £100.00 the cost of the awning, and I told Zoe Cripps that I would used her awning to replace the awning for our caravan which is a borrow caravan. I allowed Zoe to used the awning untill the December move when ALL caravans has to move to another site for one month only (on the same plot of land) when Zoe was moving I asked her if she was taking the awning with her she said yes, the awning was unpeged but still attach to the caravan when she moved, I said nothing, I notice the awning on her van at the new site again I said nothing, with in a matter of days the awning was no longer on her caravan, I thought maybe the parents had put it inside they large awning (with all this going on I was going to work so I did not see every thing as it was happing). On 01/01/2016 when I went out-side both of the family caravans wher gone, move back to the normal site where Zoe caravan was was my awning in a heap wet and dirty, for who long it was out-side I don't (all of December?) two days before they move I said the Alan Cripps 'the father' when can I have my awning back, he said ask Zoe, I said to him you will see her before me could you ask her, he said yes. NOW I paid £100.00 that awning it is my awning, they did not want a repaired job when it was there's,me I don't a want a clean up job I want the cost my awning £100.00, can you please advise me how I can get my money soon, as I'm leaving the site very soon. Thank you ***** *****
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.
Sorry, what did he damage?
Customer: replied 1 year ago.
the damage was small to the bottom right hand side of Zoe Cripps awning
Customer: replied 1 year ago.
the damage was small to the bottom right hand side of Zoe Cripps awning, your telephone number is ***** a normal line or 09 number?
Expert:  Jo C. replied 1 year ago.
No, it is a normal number.
Would you like me to make an offer?
Customer: replied 1 year ago.
is that on top of the money I just paid?
Expert:  Jo C. replied 1 year ago.
I think so. You would need to email customer services on***@******.*** about that as I am never involved in billing.
Or we can carry on online?
Customer: replied 1 year ago.
carry on online
Expert:  Jo C. replied 1 year ago.
When you paid originally, why wasn't it handed over immediately?
Customer: replied 1 year ago.
because I was beening kind and allowing her to used the awning untill the December move
Expert:  Jo C. replied 1 year ago.
Was that specifically agreed?
Customer: replied 1 year ago.
not in words but action, because I told her I would used the awning to replace the awning for the caravan we were using
Expert:  Jo C. replied 1 year ago.
Yes, but did you specifically mention that was to last until December?
Customer: replied 1 year ago.
not in words at the time, but when she was moving her caravan at the end of November I did ask when I can have it she did not give a clear answer, then I ask her if she was taking it over she said yes, I was not to bother at the time because we were not ready to leave
Expert:  Jo C. replied 1 year ago.
I'm really sorry but I'm afraid you could be in difficulty here.
In principle, if your account is accepted, you have purchased this awning and you are entitled to it or a refund.
The problem here is that she will say that you paid for the damage and that could well be accepted.
Even if she accepts your account for this, there does seem to be uncertainty about what specifically was agreed. Certainly it wasn't set out that you were to receive it in December. Contracts demand certainty. Judges do understand that verbal contracts are not as tight as written ones and will understand that some things are inferred but that is not going to extend to a specific date in the future like this.
If you are intent then you could always sue her at the small claims court but I could not be confident of your success I'm afraid.
You might be lucky. She might accept there was a purchase and if she does then you are in a much stronger position.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Zoe understood when I told her that I would replace the awning with the one we has for our caravan that I would be taking the awning, if the understanding were and differant, why would her father tell me to see Zoe about the awning?
Expert:  Jo C. replied 1 year ago.
Well, for instance because it is nothing to do with him?
And anyway, whatever he said doesn't attach itself to December date.
That is always supposing he helpfully comes to court and gives evidence in your favour which he won't do.
Customer: replied 1 year ago.
Thanks
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
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