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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29198
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have been let down with the hire of equipment. I.e. I paid

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I have been let down with the hire of equipment. I.e. I paid 2 weeks ago for a tile cutter, delivery on 4th June, and was told last week it would not be delivered until tomorrow (11th). I received an e-mail this morning saying the hire was not going to happen and they would refund. Who do I complain to or how is this even right or legal?
JA: Where are you? It matters because laws vary by location.
Customer: PE12 9DX, Lincolnshire.
JA: What steps have you taken so far?
Customer: I have insisted that I still want the machine, but they say they cannot help.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Ok. Just that all bookings were made on line, along with recent conversations.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. May I confirm if you need to hire as a business customer or a consumer please?
  2. do you have access to the terms and conditions of the hire company?
  3. Have you suffered any loss other than time as a result of the failure to supply the equipment?
Customer: replied 5 days ago.
I am hiring as a consumer. I do have a pdf copy of their terms and conditions - 15 pages. Only minimal loss due to extended hire of other small tools. Approx £25 per week currently.

thank you. Finally, at this point, what is your priority - from what you say, they have offered a refund. are you seeking anything further than this?

Customer: replied 5 days ago.
Obviously I want the refund, which they say will take 3-5 days, but I feel so agrieved that they took my money but did not supply the goods.

thank you. It goes without saying that you are entitled to a refund and the does not appear to be a dispute on their part in this respect. However, as they failed to fulfil the contract, you could also if you felt sufficiently motivated to do so, pursue a claim for damages either for consequential loss though from what you say this is probably relatively minimal or, in the event it is significantly more expensive to rent the equipment from another supplier, the difference between the rental costs from the old supplier and the new supplier.

Any such claim would involve issuing a County Court application and therefore, it is only likely to be worth the time and effort involved in this if the amount you are seeking to claim is substantial though there is no specific minimum amount required to issue a claim in the County Court. Equally, it may be that you can ask the hire company for a payment to take account of any such costs warning that you are minded to issue proceedings in the County Court if this cannot be agreed which may precipitate a goodwill payment of some kind.

If you wish to contemplate a claim in the County Court, the simplest way to issue proceedings is using the following link:

https://www.gov.uk/make-money-claim

Joshua and 3 other Law Specialists are ready to help you
Customer: replied 5 days ago.
Many thanks for the advice. I will consider my options, once I have laid the pation.

I'm glad the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.