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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5510
Experience:  Senior Associate Solicitor
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I bought 4 x Pirelli tyres for a company called Tyre Leader

Customer Question

I bought 4 x Pirelli tyres for a company called Tyre Leader online some 50days ago and i still have not got my tyres. What can I do ?
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: I have emailed them (as they have no phone number) some 35 times
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes I ordered the tyres and tyre leader then advise me to go to a gargage from their list to get them fitted...the garage they chose has been closed for some 2 years. I informed them of this via email and they chose another garage....3 of the tyres have turned up at that garage but they are the wrong size and of no use plus one is still missing
Submitted: 11 days ago.
Category: Law
Expert:  JimLawyer replied 11 days ago.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

I would send the seller a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say.

Assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland here:

http://www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2

For a claim up to £300 it costs £19 to start the claim. For claims over £300 (up to £5,000) the fee is £104. If you are in receipt of certain benefits you are exempt from paying the above fee. The fee exemption can be applied for at the above website.

Once you start the claim the Sheriff will register the claim and a timetable will be given to you to detail how the claim will proceed. For this size of claim you can easily do it yourself without a lawyer (or come back to this site for further guidance).

You may find the letter before action prompts them in to sending you the goods and there would then be no need to start a claim.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 9 days ago.

I hope I have answered the question to your satisfaction. If so could you please rate the answer (5 stars on your screen). It won’t cost extra to give the rating and I will be credited for helping you. You can come back here for any follow up questions.

Many thanks,

Jim