How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I run a photo printing company, and we specialise in school

Resolved Question:

Hello
I run a photo printing company, and we specialise in school photos. I had a client order approx 220 proof cards (like order forms) to go to a school. My local delivery company incorrectly delivered these order forms to a totally wrong address. By the time we found out, and got replacements out, the children's parents were left with only 1 week to order prints, instead of the usual 3 weeks - this has resulted in my customers sales dropping by 60% and also my profits being totally wiped out. I would like to seek to get this back from APC - the couriers. Is this something that is viable, and does this constitute "financial loss"? Can you offer any advice that I can "throw" at the couriers, such as any specific law, or rules that allow me to take action? Also, if I proceed with opening a claim, can i do that on behalf of my customer, in one action?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What has been your loss of 'profit' please?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
my customers loss of earnings has been over £1000, and i have lost out of £350 of earnings.
Customer: replied 1 year ago.
sorry, i should say, my company has lost £350 in income - profit on that would be around £250.
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund of loss of profit 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 this 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://hmctsformfinder.justice.gov.uk/courtfinder/forms/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.

It is a financial loss. You cant claim loss of income because you would have had overheads, but you can claim loss of profit as a financial claim

Can I clarify anything for you about this today please?