Failure to supply goods

Lsco

In Jan 2018, I ordered a horsebox to be built and paid the 1st part of a 3 part payment. It was agreed that the horsebox was to be built on a 2008 Iveco Chassis, which the Retailer who would use the initial deposit to pay for it. I ordered the horsebox as my daughter had purchased a new horse which did not fit into my existing transport and told him I wanted a delivery date of late April early May in time for the showing season. As time went on it became clear that the horsebox was not going to be ready, and after many excuses from the Retailer I eventually cancelled the order with a Breach of Contract Letter in May 2018 - so far he has agreed to return the money when he finds a buyer for the horsebox, though I have never received any evidence that he has actually purchased or started work on a horsebox for me. To date he has still not returned any of my deposit, and the matter is now going to court. I am looking for case law to support my case, and any advice would be gratefully received.

Fosterdog

You don't need case law for small claims court, all you need to show is that the retailer has breached the contract.

davidmcn

Case law about what in particular? Has the debtor lodged any sort of defence?

waamo

As above you don't need case law. What you do need is evidence. Make sure every bit of correspondence is in your evidence bundle. Be prepared and be organised.

DoaM

As per above, small claims is judged on the Balance of Probabilities (more likely than not). Case law (from a higher court) can be helpful - a judge is obliged to follow rulings from a higher court - but it's not essential.

bris

Is the horse box built? Finding a buyer for it seems to suggest it is.


Before you send the breach of contract letter did you send a "time is of the essence" letter giving him time to put it right?


If you want legal answers then you need to do things properly.


As far as supplier is concerned they seem to think they still have a contract with you, hence the need to sell the trailer first.


But the courts will decide and as already stated the small claims court doesn't need case law, they just need both parties evidence to decide.

Lsco

To answer some of the questions - He has filed a counter claim. |I did not send a time is of the essence letter, just a breach of contract. I have kept every piece of correspondence via email. There is obviously some discussions which took place on the telephone, which I cannot prove as such. I have never been sent pictures, Reg No. or anything else which would lead me to believe that this horsebox chassis has ever been purchased or work started on building the horsebox. He has never replied to requests for completion date.

Lsco

He has made a counter claim

Lsco

Fortunately I have kept every email and will be printing these off as part of the evidence

lincroft1710

What is his counter claim?

DoaM

Was it agreed/specified (in writing - email is OK) that you required the completed product "by early May 2018"? If yes then you've already covered "time is of the essence" so you don't need to worry about that.

As above, what is he counter-claiming? Has he filed a counter-claim and paid the fee? (I believe one is required).