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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
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Customer Question

Hi there, I have a rather tricky situation that I would like some help in.
I have recently ask a company to removed the piano for me and I explained myself very clear that the delivery is from ground floor only if the lorry can inside the car park which has a height restriction, or else there will be a one metre drop to the ground floor (a good off loading bay). I then needed to store the piano at the warehouse for a while. He has agreed on the phone that it is fine and decided to charge me 200 pounds. The piano was at my friend's place so I was not present. I now need to remove the piano from the warehouse and he said that he is going to charge me extra as the first time he has sent out two men, and could not remove the piano because there was the drop. Later on he sent out three men to remove the piano. He only told me that today and now I will have to pay more or else I cannot get my piano back. The conditions I have described was over the phone and so it's difficult to validate but I definitely said that, or else I wouldn't have agreed at the price he quoted me.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
Hi Jo,
I would like to see if I can get the piano removed without the extra cost that he wants to claim now.
Expert:  Jo C. replied 1 year ago.
Im really sorry but I am not sure I understand what has happened here?
The piano seems to have been subject to storage not agreed?
I will probably respond in the morning now.
Customer: replied 1 year ago.
The piano was removed and then stored at the storage. Now I would like to get it removed and he wants to charge me extra as he said I did not inform him about the one metre drop. He only mentioned this today and the piano was removed 3 weeks ago.
Expert:  Jo C. replied 1 year ago.
Ok. How much extra is he seeking?
Are you prepared to sue?
Customer: replied 1 year ago.
He wants an extra of 150. How long will it take and how much would it cost? Will he be required to pay the fees relating to the process? Also, can a solicitor call him to explain, so that it can done without further legal actions.
Expert:  Jo C. replied 1 year ago.
A solicitor could write to him but I wouldn't recommend it. It will cost more than it would to issue.
This turns upon what was agreed which is always hard to prove during a phone call. You say you told him, he says you didn't. Which is accurate is for a court to decide.
If he will not negotiate then your only options are either to write this off or sue. If you cannot write it off then you could either seek an injunction or pay and then sue to recover. The latter would be cheaper.
If you do pay him then you should send him a letter before action demanding the amount in question by a certain date and making clear you will sue if he does not agree.
If he does not then issue against him here
www.moneyclaim.gov.uk
It will cost about £35 in costs and take a few months to get to court.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Hi Jo, thank you for the advice.Unfortunately he is wanting more money (totaling around 300 pounds). I assumed that the money I paid for accounts for two removals, a collection from my friend's place to the warehouse for storage and the subsequent delivery from the warehouse to the new address. He is now saying the second leg of the journey is not included. I have talked to him over the phone and also texted him the details, stating the collection and delivery addresses prior to the removal. He did not make it clear at all that it does not include the second leg of the journey.I just spoke with him and at the end he was swearing at me and hanged up the phone. I would like to call him again however can I record this and can it be used as an evidence if it goes to court?I really need to get the piano removed so I will need to pay him tonight, I cannot send him a letter, will an email count as a notification? Can I say things like 'I agree to pay the extra X amount, however I will be pursuing legal actions further as I believe I should not pay hits'And how do I go about in pay and then sue to recover? Do I use the moneyclaim? (Is this effective and can I not recover the costs using a solicitor, like all the fees arising from the process?)Thanks very much
Expert:  Jo C. replied 1 year ago.
Not really. It doesn't prove much except that he has refused which is not going to be denied on the facts. The fact that he is animated is not something that will interest the Court.
Email is fine.
You can do say that but he may refuse on that basis.
Issue against him here
www.moneyclaim.gov.uk
It will cost about £35 in costs and take a few months to get to court.
Customer: replied 1 year ago.
Hi Jo,What do you mean by he will refuse in that basis? You mean he might not agree to deliver the piano? If so, how should I say so that legally I can potentially get the money back after I have paid tonight.
Expert:  Jo C. replied 1 year ago.
I'm not sure how to express it differently. He may not return the piano if you tell him that you will sue.
Customer: replied 1 year ago.
Hi Jo,If he doesn't remove the piano that means he is not delivering the service which I have paid, isn't that illegal in itself?And if I don't say that I will be taking further legal actions, does that means I am satisfy with the payment and cannot retrieve it no matter what?
Expert:  Jo C. replied 1 year ago.
Yes, it would be but that doesn't change the fact that it might happen.
I wouldn't get involved in commenting.
You have made the complaint in writing and confirmed it with the letter before action.
I am happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jo,'I wouldn't get involved in commenting.' What do you mean by this line?'You have made the complaint in writing and confirmed it with the letter before action.' Can a text do? I have realized they don't have an email address on their website and I can only text him or phone him. And by letter you mean a letter from a solicitor?So without mentioning the fact that I will be pursuing legal actions after the payment, will I get the money in dispute back?The most urgent thing is that I will have to pay him before midnight and I don't know how to make sure that I can get the money back.Thanks.
Customer: replied 1 year ago.
?
Customer: replied 1 year ago.
Please reply as it's urgent and I will have to make a payment soon.
Expert:  Jo C. replied 1 year ago.
I'm not sure what I can add really.
I wouldn't get involved in a row with him at this stage. There is not much to be gained. He is not going to agree.

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