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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50946
Experience:  Qualified Solicitor
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Ben. I've had financial and personal problems so have not

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For Ben Jones. Hi Ben. I've had financial and personal problems so have not been in the site. Anyway, now I would like to see if I can continue with my case. Do you think it is too late for me to take her to court? Cheers, Asam

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please remind me, was it last August she agreed to purchase the items?

Customer: replied 4 months ago.
it was. This was my last post to you.
20/12/2017 09:58Hi Ben. She must have received the 2nd letter as she rang me today then sent me a text. I recorded the call so I can reflect back on it. Originally I was introduced by phone to her through my niece who works for her. My niece did not tell her she was related to me. Anyway, when she rang today she asked if I was related to my niece and said how she had been good to her and paid her maternity leave and that she would be ringing her.
She said that if I sent her any other letter she would be phoning the police to say I am harassing her and also she would be suing me. She also said that there was no contract between us as there was no consideration on her part and she had not paid a deposit. She said that she had all her firm of solicitors behind her and that I am being given bad advice and being ripped off. I will copy her text for you to read.
"It's clear to me you are trying to bully me it's not happening. I am not buying your furniture. There is no contract or agreement. I didn't provide a deposit therefore no consideration has taken place. I told you since August sell it to another buyer. Stop harassing me. Thank you" (End of text)It was actually 15/09/17 when she said I could do what I want with the furniture. Yet on 17/09/17 she wassapd me asking for me to resend the pictures of the furniture to her.
What do you make of this. Can I still go ahead or should I give up?

Thanks. You are certainly not out of time to take this further. You have 6 years to take legal action in simply contract cases, like this one. So you are well within the legal time limit to pursue it should you choose to do so. In fact there is still no immediate rush to do this so only go ahead with it if you are ready to do so.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Hi Ben. This is what I have wrote on the claim form. What do you think? Is it ok? Should I claim interest?
Breach of contract. I had purchased some
furniture in July 2017. This furniture was of
very good quality and expensive. I made
contact with the defendant through a 3rd
party regarding the furniture, The defendant
seemed very keen to purchase the furniture
from me after viewing fotos and description
in detail. We agreed on a fixed price, not
including delivery, which was extra. The
defendant arranged with me to collect a
cheque from her office. When I went to her
office her PA said that she could not find
the cheque book so I left. The defendant
informed me she was purchasing a larger house
very soon and I said I would store the
furniture until then for her. In the meantime
she did ask for fotos and details of the
furniture again. On one occasion I told her I
could not keep storing he furniture as it was
costing me and that she would have to make
arrangements to move the furniture soon.
Around this time, some 4 months later she
said she didnt now want the furniture.

yes that is fine, just check that you spell it photos not fotos. You can also claim interest at 8.5% from the date the debt became due

Customer: replied 3 months ago.
Date money became owed to you (dd/mm/yyyy):mandatory 31/07/2017
Pick a Date Date you are issuing the claim (dd/mm/yyyy):mandatory 01/04/2018
Pick a Date Claim amount:mandatory Without interest. £1500.00Daily rate of interest up to the date of judgment: mandatory £
Please enter the interest as an amount. If you are unsure how to calculate the rate of interest please refer to the user guide.
Do I put the amount or the rate of interest?

you put the daily rate, which is 33p in your case

Customer: replied 3 months ago.
furniture again. On one occasion I told her I
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 31/07/2017 to 01/04/2018 on
£1,500.00 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £1,627.50.
Unfortunatly this is how it has come out. I have already submitted it and now cannot alter it

I would not worry about it too much, this is not considered until you win the claim anyway and the court will always apply the correct rate then, rather than what you have put down

Customer: replied 3 months ago.
Ok thanks.

no problem

Customer: replied 3 months ago.
Hi Ben. She must have received the court letter by now. Of course she will challenge it so I have a couple of questions. What do I need to say in court? Can I show the texts on my phone in court? How best can I present my case in court? Are there any other things I need to be aware of before it goes to court and when the case is being heard? Thanks, Asam

Hi we are just a simple Q&a service so to tell you what to say in court would be impossible. i can still give basic information but please post a new query for that, thank you

Customer: replied 3 months ago.
Hi Ben. I have taken out a monthly subscription with just answer.

Yes I can see, hence why you would need to ask a new question as it is included in the subscription

Customer: replied 3 months ago.
Hi Ben. I asked it as a new question, did you receive it?

thanks, ***** ***** deal with it shortly