Ask a Law Question, Get an Answer ASAP!
Thank you for your question and welcome. My name is ***** ***** I will assist you. Where is the seller based? Did you sign any terms and conditions with them? Did you pay by credit card? Did you receive a purchase order or receipt?
Thank you. It was never identified as a deposit or pre payment- it was for goods on delivery? Is the seller a limited company?
Thank you. I have just stepped away from my computer - I will review these and respond later tonight with my answer. Please do not be concerned if you do not hear from me right away. Kind regards AJ
Thank you. My apologies for the delay. The receipt is definitely an order for goods not a deposit. I would say this really is just straight forward money claim- they are in breach of contract and you should sue them for the return of the monies paid for goods you have not received. At this stage - if you pay the extra money, do they agree to deliver any goods? Kind regards AJ
Thank you. Yes you would be entitled to the return of the money - it is fundamentally a breach of contract- the problem you have is if they refuse, you will have to sue them. Have you sourced the goods from else where in the mean time?
Thank you. Anyone that is sued has the right to defend themselves - their only defence might be that you agreed to the delivery of the goods. Your counter to this would be that it was done under a degree of duress. Alternative if you could pay the the £6,600 - say it is a payment under protest, when they release the machines, sue them to recover the £6,600. I assume you still need the machines? Kind regards AJ