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Company took £1500 - help needed tracking them down

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  • daytona0
    daytona0 Posts: 2,358 Forumite
    Breach of contract doesnt only allow for actual losses to be recovered. Breach of contract allows for a remedy to be provided so that the person is either in the position they'd have been in had the contract been performed correctly or that theyre in the same position they would have been in, had the contract not been entered into.

    But if you notice above, I said delivery within 7 days OR refund in full. This is called making time of the essence and is applicable where no set date/period of time was agreed for the supplier to carry out their duties.

    If there has already been a deadline set then time is already of the essence.

    If a deadline has been set, then breaching it is indeed grounds for termination.

    What would happen in circumstances where, say, the seller has attempted to arrange delivery or money back numerous times within the last 6 months? Then they have been unsuccessul and have stored a custom made item in their depot 4 a period o 6 months through no fault o their own? Is the seller able to claim some storage costs due to negligence on the customer's side?
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