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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I contracted a business to purchase and restore a car for my

Resolved Question:

I contracted a business to purchase and restore a car for my wedding day. I paid 75% of the cost for materials and as a deposit.
The car was due to be delivered within one year, although unfortunately the contract didn't specify a delivery date. For a while I received updates on the vehicle but they stopped after a year. The car wasn't ready for my wedding. It has now been 3 years, I have no evidence that anything further has happened and the business doesn't reply to my attempts to contact them.
How should I proceed?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

What is it you want to achieve please?
Alex

Customer: replied 1 year ago.
Hi AlexEither to receive the car I paid for or a complete refund, preferably with interest.Kind regardsAdam
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund or the car 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 or return the car to 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/n1-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.

You would be seek a claim for delivery up of the vehicle or refund with interest. You can claim 8% simple interest as per S.69 County Courts Act.

Can I clarify anything for you about this today please Adam?

Alex

Customer: replied 1 year ago.
Hi Alex,thank you for the reply, that's very helpful. I have a few questions:
Firstly am I definitely in the right, considering that the contract doesn't specify a completion date? What is the legal basis or precedent on which I am going to demand either a refund or the car? Can't the defendant just claim that 3 years is a reasonable length of time for the completion of a classic car?kind regardsAdam
Expert:  Ash replied 1 year ago.

1. Yes it seems unreasonable for it taking this long.

2. It is breach of contract - they have failed to act with all reasonable skill and care.

3. Yes they could say its reasonable, but then have to show the Court that it is. They need to show they have been working on it and that its a fair length of time.

Can I clarify anything for you about this Adam?
Alex

Customer: replied 1 year ago.
Hi Alex, Is there anything I need to include about the situation in the initial letter to cover myself? Should I consider hiring a solicitor to draft it to ensure it covers all the bases?
thanks
Adam
Expert:  Ash replied 1 year ago.

Well you can but it's unlikely you could recover that cost at this stage. So just send a letter yourself, then if there is no joy after that consider getting a solicitor to send one.

Can I clairfy anything for you? Alex

Customer: replied 1 year ago.
Thanks for all your help Alex.
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

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