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Goods Sold on to Third Party After Payment

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I need some thoughts on the following scenario which happened recently.


Goods were ordered and paid for from a Company in the UK via a BACS payment on the 1st July.

We asked if the goods could be held for a couple of weeks until they were needed on site.

This was agreed on the phone and followed up by me in an email.



Subsequently a delivery date was arranged on the phone for the goods to be delivered on the 1st August.

The goods never turned up and the company was contacted to find out where they were.



Initially it seemed like a delivery problem until later in the day when the company confirmed they had despatched the goods to another customer.



The company now had nil stock and wouldn't have any for several weeks.

Due to this error we had costs paid out to contractors who were due to start work on site the next day.


Due to the nature of the goods ordered we had no alternative but to order from an alternative supplier who had stock.

However this cost an additional £500.


The original company refused to accept a breach of contract and resulting consequential costs.

They did refund the original contract amount though.



I am now using the moneyclaimonline system to try and recoup costs.


Anyone provide additional guidance on where we stand legally.

I have been advised that as the goods were paid for then to sell these to another party is illegal and misappropriation of goods.

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