Hello are you acting as a business or a private consumer?
Ok thank you please leave it with me I am in court today so will reply fully later in the day thank you
Many thanks for your patience. As a business customer you will not have the same protection as a consumer in terms of expecting the engine to be fit for purpose or of satisfactory quality. However, you would still have rights to claim that they have acted in breach of contract by not supplying you with the item which was ordered and described (i.e. a functional and working engine). So assuming you did not abuse the engine as claimed it is possible for you to try and claim the costs of repairing it. Whilst you may not necessarily be able to claim back the hire charges because a court may think that you should have just gone ahead with the the repairs earlier rather than spend money or van charges, you should be able to go after them for the repair costs. In other words if they are refusing to repair the van, you can get it repaired elsewhere and pursue them for these costs. Also whilst you could potentially include hire charges for the replacement van for a short initial period, I am not so confident you would necessarily be able to claim for the full period.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow in order to take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
My response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to continue providing the further details about this as dscussed? In the meantime I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.