Solicitors or legally knowledgeable

[The Pan Man]

Do we have any of our members who fit the above. I have a problem which is not car related it has been ongoing since the summer of 2009 I have given the other party several opportunities to put things right and this has not been done but was promised several times what I want to know is the prcticality of a CCJ how enforceable is it? And what is reasonable amount per mile to claim for costs? Anyone help with this one?

 

[vincenz]

Pan Man if you can post up the basic details there maybe people to assist you as best we can, but theres nothing better than going to see a specialist solicitor when it comes to the law / courts. Remember your first 30 mins are free and it may be as simple as finding your local high street law solicitor.

Internet forums maybe great for how to changes a set of pedals but for stuff like this you really need to seek specialist advice to avoid getting your fingers burnt.

 

[The Pan Man]

Vincenz

Details Ordered something made to measure, does it matter what it was? Value £375.00

1 It was 6 weeks late
2 It did not fit correctly
3 It still did not fit correctly when "Altered" and it was late again
4 It did not fit the second time either and yes "It was late again"
5 It was sent to the wrong address before Xmas got here 5th Jan it still does not fit and was of course late again.
6 No response either to E-mail or telephone messages.
7 I have covered aprox 8 or 9 trips in all including returning the item collecting etc lets say 8 journeys at 140 miles per round trip.
8 I am very very cheesed off.

 

[scumbag]

but theres nothing better than going to see a specialist solicitor . Remember your first 30 mins are free
Internet forums maybe great

you need to remember the word "may". There is no obligation for it to be a mandatory free 30mins, or any other time for that matter.

Good practice and a good understanding with good business sense would suggest you won't find any legal practice who would not at least try to get some understanding and point you in the right direction with the potential possiblities before requesting payment however.

As far as Pan mans problems, the bit in bold is almost a must in this situation. You need qualified advice.

That said, it does appear you have been more than reasonable and it does also appear that you have given them more than a few attempts to recitify the problem with no success. what you need to be capable of now is rational and reasonable actions. It does seem a small amount of money so you are going to end up having to justify an outlay to recover a small amount.

item 8 is not a fact however. disappointed may be more approopriate!!!

 

[vincenz]

Did you actually get the goods in the end?

If not then the small claims court is your friend: Small claims

Was there a contract with the vendor? And if so what did it say about delivery if anything? A contact can be an invoice etc and by debiting your account for the money they are agreeing to fulfil their side of the contract.

 

[raymont]

Small claims is a possibility. See here.

Making a Claim

I've used it once, easy, no solicitors. Case held in informal setting, normal meeting room, 'judge' ( right word? ) in business suit. No solicitors. Low charges , can't remember amount and could have changed by now.

Won case, third party didn't pay. Invoked bailiffs ( all through court) got money.

Low hassle and effective.

 

[st13phil]

I'm just a bloke on t'internet, so what I have to say may be complete b*ll*cks, but here's my tuppence worth:

• Professional legal advice is likely to cost upwards of £100/hr. For this size of claim that is unlikely to be cost effective
• Even if you attempted to claim your mileage at 50p per mile, your direct financial losses are around £900
• While you are understandably angry over the delays, you are unlikely to get any compensation for that
• The Small Claims process is designed to recover monies of this sort of scale
• Your local Trading Standards people will provide free advice on what remedies you are entitled to in law
• Your local Court will help you file a claim if that's what you want to do, but before that, I'd suggest...
• Send a letter by Special Delivery (so it has to be signed for) giving the supplier 14 days to complete the job to you satisfaction at no further expense to you, or to refund all monies paid plus a reasonable sum to cover your expenses. Inform them that if they do neither then you will commence proceedings against them
• If that doesn't do the trick, file a claim through your local Court

Info on the Small Claims process can be found here

 

[vincenz]

[*]Even if you attempted to claim your mileage at 50p per mile, your direct financial losses are around £900
[*]While you are understandably angry over the delays, you are unlikely to get any compensation for that

Yep this was my next point, the only areas you can really claim for is the original amount, the driving round was at your discrecion Pan Man

Provided you still want the goods go down the 14 day letter route.

 

[flango]

Are you sorted on this yet If not I'll ask SWMBO & my barrister pal the course of action you should take and what it is realistic to claim for, just PM me.

 

[Colin_b]

Small claims is a possibility. See here.

Making a Claim

I've used it once, easy, no solicitors. Case held in informal setting, normal meeting room, 'judge' ( right word? ) in business suit. No solicitors. Low charges , can't remember amount and could have changed by now.

Won case, third party didn't pay. Invoked bailiffs ( all through court) got money.

Low hassle and effective.

I'd second this. Also used once, with a successful outcome. Takes some administration, but cost effective and straightforward.

 

[The Pan Man]

I have had a phone call this morning and the vendor has agreed to remake the item. I will of course be getting a firm delivery date and all the other bits and bobs. BUT I had all this befoere and it still went out of the window.
Thanks for the replies and watch this space in the future.

 

[Piff]

Before any legal action, you need to be sure that the other party has the ability to pay.
I taken the small claims route before and twice have been caught, once by a firm going into administration - I'm still waiting for my fraction of a penny in the pound. The other time was an individual who turned out to have nothing to his name - he even jacked in his job to avoid an attachment of earnings, moved house a couple of times and has disappeared to avoid his debts.