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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently ordered and paid item to repair a faulty

Resolved Question:

I recently ordered and paid for an item to repair a faulty tap, I paid extra for guaranteed next day delivery and was told the item would be there within 24 hors. Time of order was 0930 approx. Next day at approx. 1430 I contacted the company as goods had not appeared. A rather brusque response was that they had til 7pm to deliver ( somewhat over the guaranteed 24 hours) When pressed I was reluctantly given the order number and parcel tracking number. No package arrived before 7pm. Next day, a Saturday, I checked companies web site. found their customer services were closed til Monday. A contact number for the shipping company found on the suppliers web site was in correct. I eventually got the right number and tried the tracking number, which wasn't recognised by the shipping company. Nothing I could do til Monday so I sourced an alternative supply, at at personal expense went o get the new item so I could repair the faulty tap and re connect the water supply.
Monday 0915 contacted supplier, asked to speak to manager, got offered a refund only. Was promised an investigation would be carried out and that I would hear within 2 hours......that didn't happen.
Am I right in thinking there are grounds for a breach of contract in that I was not supplied with the ordered item which was paid for along with additional expense of guaranteed next day delivery, and that the contract is with the item supplier and not the shipping company?
I am a registered disabled ex serviceman with needs of a constant water supply
Many thanks, ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I ill help you with this.Did you order this online or over the phone please?Alex
Customer: replied 1 year ago.
over the phone....supplier claims calls are recorded
Expert:  Ash replied 1 year ago.
Ok - thats ok because under the Distance Selling Regulations you have 14 days cooling off period. This means you are entitled to return and seek a refund for 14 days after you get the item.But to answer your question in any event - yes this is breach of contract if you paid extra.Can I clarify anything for you about this today Geoff?Alex
Customer: replied 1 year ago.
As I have lost all faith I the supplier, I wish to pursue a claim of breach of contract, to which court has the calim to be made?
Expert:  Ash replied 1 year ago.
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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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
Customer: replied 1 year ago.
worth noting I cannot return goods I never received!
Expert:  Ash replied 1 year ago.
Indeed. But you can sue for breach of contract and claim loss and damage.But any claim for distress etc would not be worth than more than a few hundred pounds.Alex
Customer: replied 1 year ago.
thanks for your assistance Alex, It will be small claims as they have said they would refund £25 cost of goods and additional postage charge. But when asked for compensation for additional expenses in getting water supply reconnected they refused. Total I would be claiming is around the £ 100 mark and a request for the court to rule on additional compensation for hardship caused by additional time spent without any water.
Expert:  Ash replied 1 year ago.
Yes it would be a small claim. You can do it at: www.moneyclaim.gov.ukDoes that clarify?Alex
Customer: replied 1 year ago.
It does thank you.....can the cost of this consultation be claimed for as well?
Expert:  Ash replied 1 year ago.
No sadly as legal advice cant be claimed on a small claim. I am sorry. Alex
Customer: replied 1 year ago.
don't be sorry Alex. its the law! Thanks for your help. will do as you suggest Bye for now,
Geoff
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
will do and thanks for your help
Expert:  Ash replied 1 year ago.
Thanks. Alex