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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61826
Experience:  Qualified Solicitor
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I made an upfront payment for a product and after 11 weeks I

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I made an upfront payment for a product and after 11 weeks I still haven't received the product I paid for. What could I do to get the money back? It's an actual shop (a brewer), not an online reseller.
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: Just emails to the brewer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Is it a bespoke product and has the seller provided you with an update on why you haven't received the item as of yet?

Customer: replied 16 days ago.
Yes, it's a bespoke product. A beer bottle for a charity.
He updated me with some excuses... 'drainage' problems.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Can I just check you and the seller are each based?

 

Customer: replied 16 days ago.
We are both based in London

Thank you. If they have failed to deliver the product, you can pursue them for a refund. If they refuse to issue that you would have to consider making a claim for compensation to the value of the initial purchase amount.

 

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

 

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

 

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 13 days ago.
Hi, thank you so much for your support!
Customer: replied 13 days ago.
Last question: When you say 'letter', should be a real letter or an email is enough?

email is enough if that is all you have to communicate with them. Hoe this helps?

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