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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 6181
Experience:  Solicitor
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Storyline 1) Paid £1,500 to a leaflet distributor to

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Storyline1) Paid £1,500 to a leaflet distributor to distribute 30,000 time sensitive leaflets by 30/12/2017
2) Not received any confirmation report or GPS tracker report showing that they fulfilled the areasI asked them to cover
3) Emailed and sent text messages to the owner, he has called once and sent a text or two apologising and saying they will get that to me as soon as the person on holiday is back etc
4) I have sent several emails explaining that I have made random sample audit via phone calls to friends and family in my area and none received my leaflet. Plus I didnt get one through my door either
5) The deadline on my leaflets was 31/12/17. Not a single phone call was received. I have a copy of my leaflet here and I have checked my telephone number and details are correct
6) I dont believe a single leaflet was distributed
7) I want a full refund of £1500 plus £555 cost of 30,000 leaflets that are now useless
8) Want to use small claims MCOL online to do this if necessaryI want to send them a final formal letter on MondayQuestions:
a) Do I have a case? Explain in detail
b) If so, what should I include in the contents of Monday's letter?
c) Can I sue for loss of potential earnings? I was assuming a 1% return ie 300 new clients

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

Did you sign a contract?

Customer: replied 1 month ago.
Nothing was signed but i did ask for t&cs which was forwarded over. There is a chain of emails which would suggest we agreed on price, delivery dates, amount of flyers to be distributed etc

You need to write and set out your losses and request a refund 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.

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

not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
here is the t&cs

Ok - can you see my response above?

Customer: replied 1 month ago.
but can you review my answer and the T&Cs and let me know if your last answer varies. One more thing, yesterday I was emailed the GPS report but that is literally a map with lines showing streets covered. Does not tell me much. I will probably need to do a sample audit of the areas covered to see when the leaflets were delivered, if they were delivered

Yes. I have read and my answer is the same.

Does that clarify?

Customer: replied 1 month ago.
You asked about signing a contract, how does the absence of one affect this matter? Now I have checked my emails and there is only one email after delivery deadline that talks about the deadline of the 30th Dec, is that a problem for me? I have asked the company to confirm delivery was done by 30/12 but they have not yet responded

No. There is a contract by conduct - just like going to a shop and buying a newspaper.

The 30th Dec, is not a problem for you. You write and say you want a refund or Court within 14 days.

Does that assist?

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