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Hello my name is ***** ***** I will help you with this.
When you say it would not be delivered, was it still at the depot?
What was the item and value please?
Yes it was still at their premises. On Friday 10th October they confirmed delivery for Tuesday 14th October. I chased on Tuesday 14th and was told it hadn't been despatched. Total order value was £235 hence my idea of the small claims court.
Ok - what is the courier cost?
£250 - as they didn't tell me sooner that it would not arrive in time, my only option was a same day courier.
I did offer to collect the item myself but they did not take me up on that.
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://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
They are indeed in breach of contract.
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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
That's great, I wanted to make sure it was worth pursuing, you've been very helpful - thank you.
Great. Can I help with anything else today?
No, that's everything, thank you.