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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took a hedge trimmer in for repair. The shop gives no

Resolved Question:

I took a hedge trimmer in for repair . The shop gives no paperwork. They called to tell me it was ready for collection. As I did not use the machine regularly & the shop was not on route for me it was after 3 months when I went into collect the machine. I was told that they had sold the machine as I had not collected within 3 months. I was not informed of this when I dropped the machine off, when they called they did not inform me of disposing of my machine if I did not collect it, they do not issue a receipt when you leave a machine with them. On trying to collect my machine the man showed me a small sign to the side of the counter that informs you of this information, which you would not obviously see unless obviously shown which in my case was too late. I have spent a lot of money in this shop over the years & feel I have been treated extremely poorly.
What rights do I have to pursue them on return of my machine or equivalent or the value of money. They have no existing paperwork or records either.
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

How much is a replacement of same condition/value?

Customer: replied 11 months ago.
163;300-500 approx
Expert:  Ash replied 11 months ago.

You need to write and set out your losses and request a refund of that cost 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/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.

If there are any notices then they need to reasonably bring it to your attention at the time of contract. This was not done and therefore they can now seek reliance on that term they are trying to incorporate after the contact has been agreed.

Can I clarify anything for you about this today please?

Customer: replied 11 months ago.
Does it matter how long after the 3 months I went back to collect
Expert:  Ash replied 11 months ago.

Not unless it was brought to your attention it had to be picked up within a certain time

Does that clarify?

Customer: replied 11 months ago.
Many Thanks
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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