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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5582
Experience:  Solicitor
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Hope you can advise please? I purchased a Caravan and after

Resolved Question:

Hi, hope you can advise please?I purchased a Caravan and after a few months I decided to upgrade to a Motorhome. Having no need for the caravan anymore I went back to the place I purchased it from to ask if he would broker the Caravan on his premises/forecourt for me. To which he agreed for a fee of £1500 the remainder of the proceeds of the sale to be returned to me. Approximate value at this time would have been £6000.This was August 2016 and the caravan was passed over to him to do some warranty repair and ultimately put it up sale on his premises.The caravan never did make the forecourt and in March 2017 it was agreed that he would buy the caravan for £4000 from me instead of brokering it.He made payments of £2000 in April and £1000 in May. Balance outstanding is £1000. My last contact with him was June 2017, he has ignored any messages since. He has now had the caravan for 18 months. Of course he could well have sold it already.I have recently made a small claim against him and he has defended the claim, stating 'My defence to this claim is there was no agreement on when the amount claimed was to be paid and per our agreement is not due for payment. I ask on this basis that this claim to be struck out'In hindsight I should have got something on paper. I do however have a full SMS transcript with him.I am now in a position where I need to complete an N180 and return it to the court.My query is that my understanding is that the relationship changed from Seller/Broker to Seller/Buyer and as such in the absence of any agreement otherwise that payment for the goods fell due immediately.Is this correct or does he have a defence? and if so what is the best way forward to recover the money.Many thanksAntony Nicholls
Submitted: 21 days ago.
Category: Law
Expert:  Jamie-Law replied 21 days ago.

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

How did you plead the claim?
Has it not been allocated to a small claim?

Customer: replied 21 days ago.
Thanks Jamie, I have attached the claim form FYI. The court states the claim is suitable for the Small Claims Track and I have have received a notice of proposed allocation to the small claims track.
Expert:  Jamie-Law replied 21 days ago.

Has he filed a defence?

Customer: replied 21 days ago.
stating 'My defence to this claim is there was no agreement on when the amount claimed was to be paid and per our agreement is not due for payment. I ask on this basis that this claim to be struck out'
Expert:  Jamie-Law replied 21 days ago.

Ok. It won’t be struck out. You have a valid claim. You have said it’s either broker or agreement. So that covers it.

I don’t think he has a defence.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 21 days ago.
Thank you Jamie. Will leave a rating now.
Kind Regards
Tony
Expert:  Jamie-Law replied 21 days ago.

Thanks