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nicolawelch

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  1. Like I said. Start your charge back action NOW.
  2. I know, but time was not of the essence.
  3. Maybe it is him in breach, but time was not of the essence, so I am weak. I cant use UTCC as I am not a consumer, but bought the aquarium for my shop. I think my post 9 might be important.
  4. Update. After the retailer emailed and offered to refund £610, I decided to accept it. I emailed my agreement a couple dyas ago, accepting the partial refund and asked him to send me the refund. I have now received a reply by the retailer stating he has withdrawn the offer, because I took too long to reply. I reckon if I took too long to reply, he would have had sufficient time to withdraw his offer first. He did not withdraw his offer until after I accepted it. His final position is now to keep the whole deposit and if I sue him, he will counter claim the whole contract. So, I now intend to issue the summons for £1000 and in the alternative £610. I reckon if he were to win the counter claim, he could only seek his loss of profits and not the whole amount. I reckon on a £3000 contract we could say £500 is vat and not accounted as profit. The profit would be about £1000 anyway. Therefore, by issueing the summons, I dont lose anymore than I have already lost if he retains my deposit. Futhermore, £650 of the contract price was for labour costs for instalation and comissioning the equipment, its difficult to allocate a profit on that sum. I could use some help in selecting the correct law to write into the particulars of claim.
  5. I think so too. I really wanted salt water fish but the shop quoted £5500 and my budget was £3000. When I was explaining my problem with my friend, she told me about her husbands fish keeping and i had no idea he was semi professional and very happy to solve my problem. I guess i probably jumped ship a little early by cancelling the order as soon as I was aware I could go elsewhere and get the set up I wanted. Especially glad to help a firend who has taken complete mangaement of installing the new equipment. The fish start arriving next week, and I am happy to have paid ultimately £2000 less than the original quote and have a very happy friend who no longer has his own aquarium.
  6. The whole contract was £3000. It comprised £1500 for the tank , pumps and filtering equipment etc, £600 instalation and commisioning, £500 fish and vat. I do not know how much the tank alone would have cost, but guess around £750. Having cancelled the whole contract with the retailer, I went to an enthusiast who undertook the whole contract for the same money, except I now get salt water fish instead of freshwater. Salt water fish and the aquarium and equipment are generally 50% more expensive though, so I reckon I have a bargain price by going to an amateur rather than a business. Indeed, my enthusiast worked in his parents fish shop for a number of years, so he is not really amateur.
  7. When I realised the tank was going to be 7 or 8 weeks, I cancelled and purchased elsewhere. So I dont need another tank. My questions remain unanswered. Do I accept the partial refund? Do I sue him for a full refund? Do I wait for him to sue me?
  8. I have just looked up the potential of my loss if I were to be sued for the full purchase price of the oreder. I have found this under remidies for breach of contract (assuming I am the one in breach and not the retailer). "the object of damages is usually to put the injured party into the same financial position he would have been in had the contract been properly performed." This says that the retailer can sue for the profits plus costs not just the costs or an admin fee. So now I am confused. and I still dont know if I am the guilty party or the retailer. Help !!
  9. Same thing happened to me. My landlord was a massive insurance company and they hadnt paid the rates for months. The council sued me, twice. Eventually, I deducted the amount from the rent and had the tenancy agreement changed so that I paid a lower rent and paid the rates myself. It is the occupier that is liable, and the council wont care what arrangements you have made with your landlord.
  10. We are getting in deeper now. The retailer is now suggesting (after taking advise from trading standards and his solicitor) that if I do not accept the loss of £400 and settle for the £600 offered, he will withdraw his offer of making a £600 refund and sue me for the full value of the purchase price. The suggestion is he will sue me for the £2000 balance. I therefore do not believe he has been advised that. Surely his solicitor will know he can only sue me for his loss of profits at the most, and the loss of actual cost to him that my cancelation has lost him, at the least. And only then, if the court agrees I am in breach by cancelling the order and that he is not in breach by misleading me with a 3 week delivery. The one problem I see is that the aquarium is for display in my retail shop and I am therefore not covered by consumer protection (a business is not a consumer). Of course he may not know that and the court may assume I am a consumer if I do not mention the aquarium is for my shop and not my house. I dont know how the court will feel if having offered to refund me £600, he then withdraws the offer. I have told the retailer to make the refund of £600 and I will then sue him for the £400 difference. I suppose the question is, Do I sue him for £1000 or allow him the sue me for the £2000 balance? If he sues me for £2000, he will lose unless the court agrees he can add an alternative claim limited for the cost of his losses ex profit. If he wins a £2000 claim, he would have had to sue me to complete the purchase, in which case I get a second aquarium (I have already purchased my aquarium elsewhere, having cancelled with the retailer). I dont think he can sue me to complete the purchase, but only for the cost of his loss caused by my cancelation, or an admin fee. (I expect he could succesfully claim his admin fee should at least be the £400 he has been charged by his supplier in their charge for commencing construction of the tank. He says I didnt give him time to rectify the late delivery. ALso the terms of sale precisely stated he was not liable for delays outside his control and deposits were unrefundable. The tank was afterall ordered as a special non stock size (if that matters, as all large tanks are made to order). My claim would rely on the verbal information he gave me at the point I paid the deposit, ie the tank would be ready in 3 weeks. I maintain (and he has agreed) he knew the factory was closing for a 2 week shutdown in 3 weeks and knowing this, he still told me the tank would be ready in 3. He was therefore 100% in control of the advise that for me, clinched him the sale. Stating 3 weeks is an irresponsible statement knowing any delay would become 6 to 8 weeks for delivery. Of course he kept silent about the risk of delay being so long, because he knew I would have purchased elsewhere. I did not sign a contract. I accepted a quotation which had terms and conditions on the reverse and these limit his liability. He couild have promised m the earth and then used his get out of jail free clause, he is not liable for delays outside his control. So, have I a strong enough argument that can be turned into robust particulars of claim? What case law might support me? Should I sue or defend? Should I settle?
  11. Credit card company refusae to allow the charge back. The reason being the fish tank was being made to my size requirement and the delay was not the retailers fault. The retailer has offered a £600 part refund. Hw wants to retain £400 as that is the cost the manufacturer is charging him for the partial costs of cutting the glass (although it had not been assembled when the retailer cancelled the order). Thing is, I would think £400 was the full trade price to the retailer. The manufacturer would not have lost £400. Anyway, I guess it is up to me then to issue a summons against the retailer.
  12. You are entitled to a refund. Pandora inspecting the ring does not remove the retailers liability. Pandora will replace the ring for the retailer at no charge, and the retailer will offer you the new ring. You will then have to choose to take the new ring which is being offered or you insist on the refund. I would suggest it better to insist on a refund immediatly, any delay might imply you are happy to see what Pandoras inspection reveals, or what they intend to offer (which will not be a refund, but an exchange, or worse, they might say you caused the damage).
  13. Credit card charge back now applied. Lets see what happens.
  14. Buy the ring online, and then get the deposit refunded
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