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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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I sold an item via my website, customer says that Item wasn't

Resolved Question:

I sold an item via my website, customer says that Item wasn't received so we've sent them out an replacement but they are saying that they are now taking me to claims court. Do they a have a case? items sent were not tracked but I'm sending out another one tracked tomorrow.
Submitted: 11 months ago.
Category: Law
Expert:  Alice H replied 11 months ago.
My name is ***** ***** I am happy to help you. What is the item? Was it important to deliver it by a certain time?
Customer: replied 11 months ago.
It's a boat name sign. We do have a 10 working day delivery terms and conditions on our site which also state can take longer due to annual holidays. They ordered it just before Christmas and so a little wait there. We sent both original and replacement un recordered but sending out another tomorrow recorded, they are threatening court action this evening.
Customer: replied 11 months ago.
There was no deadline on the item.
Expert:  Alice H replied 11 months ago.
You have done what any reasonable retailer would do which is to offer a refund or replacement. Any court action would be expensive and pointless and the court would have very little sympathy for the customer. Furthermore, by supplying the sign you have a defence anyway to any claim for breach of contract. They haven't lost anything so a claim is utterly pointless. I suggest you stand your ground.
Customer: replied 11 months ago.
ok thank you.
Customer: replied 11 months ago.
So they are threatening a collection agency. Can they technically do this?
Expert:  Alice H replied 11 months ago.
I'm confused. What are they asking the collection agency to collect exactly? You have agreed to send them a replacement sign. They can instruct anybody they like - but from a legal point of view, you have done what the law expects of you.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 11 months ago.
ok, I understand. thank you, you've been very helpful.
Expert:  Alice H replied 11 months ago.
It's my pleasure. I think you can reply to threats of court action and collection agencies by saying that you have kept your side of the bargain by sending the sign out on two occasions and have acted properly and reasonably throughout. You are, therefore, not in breach of contract and not obliged legally to do any more.

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