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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3656
Experience:  Solicitors 2 years plus PQE
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I had a re agreement with a local plant re company to supply

Resolved Question:

I had a hire agreement with a local plant hire company to supply an all terrain forklift to carry out repairs to a height barrier on a customers site. The machine was booked specificaly on a time sensitive period on a saturday morning when the road had to be closed for this opperation. The machine was to be on site by 08.00am, i had workmen waiting (sub contractors) and every thing relied on us having the machine on time. I called the hire company at 08.00 and was told that the driver was just leaving the depot after carrying out his vehicle checks and would leave shortly. The depot was in Swindon and we were working in Swindon about 4 miles from the depot. At 9.00 am i called again and this time handed to another person who was trying to delay me by saying they were making checks. I then managed to speak to the manager who told me that they did not have the machine, in fact they knew this the day before but did not call me or notify me of the situation. Because of those actions i had to explain to the company that we were carrying out the work for that there will be no work carried out because the machine was not available. Further to this i still had to pay for the sub contractors because i had booked them for the job (not their fault) and had to stand down every one on that day. Is this a breach of contract?
Your advise would be appreciated.
Peter.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Did you sign any terms and conditions with this company? Did you sign a purchase order with this company? Kind regards AJ

Customer: replied 1 year ago.
The booking was taken over the phone as i have an account with this company.
Customer: replied 1 year ago.
A Trade account
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Yes this is a breach of contract if the time scale was a term and condition of the agreement - ultimately the damages for breach of contract are any losses that are naturally occurring consequence of the breach and are reasonably foreseeable. Firstly have they refunded you the money paid for the service not provided and secondly how much do you have to pay the sub contractors?

Customer: replied 1 year ago.
They havent payed me for the no showas technicaly there was no machine , i had to pay the sub contractors for their time £600.00 . I did make it very clear that this was totaly unaceptable due to the position i had been placed in and that the client was very disapointed because of the restrictions that had to be put in place. We re-scheduled for two weeks later and i pointed out that there must bee serious consessions because of the previous no show. The subsequently sent me a bill of £771.47 instead of £900
Customer: replied 1 year ago.
Im reluctant to pay, at no time has anyone from the company called or appolagised or even had the decency of a letter .
Customer: replied 1 year ago.
my time valued at £300
Customer: replied 1 year ago.
vat
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. I certainly would not agree to pay for a service you have not received. The losses you have suffered would fall within the small claims court, so this does limit what you could recover for the costs of making a claim. I would write to them as follows:

- Deny liability for their invoice and say that you will not pay for a service you did not receive;

- Say they are in breach of contract as they accepted that time was of "the essence" for this supply when they accepted your deadline - and therefore as the deadline was a condition of the agreement they have breached you are entitled to terminate the contract and claim damages;

- Send them an itemised list of the losses you have suffered and ask them to settle the losses immediately.

If they refuse you will have to consider making a small claim against them

https://www.moneyclaim.gov.uk/web/mcol/welcome

​I look forward to hearing from you. Kind regards AJ

Customer: replied 1 year ago.
Thank you for that, so they are in breach of contract because they failed to supply at the agreed time and date. I was insulted by how they behaved and how they have acted.
Peter.
Director,
Metalweld Ltd.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Yes - the only issue you would have in going to court is proving the date and time were agreed, because this was done over the phone. Kind regards AJ

Customer: replied 1 year ago.
But i have a written contract a hire agreement with all the dates and times. It was emailed to me and is on file.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If you have the dates and times in a written contract then that is exactly the evidence you need to bring a claim.

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