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Title: Exhausted by chase for item I paid for

Date: 18 February 2016

Question

In 2012 at a bike show I paid £350 cash to a company for an after market exhaust. They said it would be delivered within 10 days. It wasn’t and all attempts to contact them were fruitless, likewise my attempt to get a refund.

I contacted the manufacturer who were aware of the problem (it had happened to others too) but there they said they could not do anything about it. I gave up in the end bought it directly from the manufacturer. I came across the receipt and letters but no papers confirming the delivery time – that was oral and I don’t remember being handed paperwork other than the receipt.

I still get cross about this and wondered if there anything I can do to get my money back after all this time?

Baz, Braintree

Answer

In your case your claim would be governed by contract law as you had a contract with the supplier to provide you with the exhaust in return for the payment made. The company has not fulfilled its contractual obligations and therefore you are entitled to recover the £350 plus interest. The time limit for bringing your claim is 6 years so you are well within time. It is great that you have the receipt and the letters as evidence.

This is different to the time limit for pursuing a personal injury action. The standard time limit for a personal injury claim arising from a bike accident is 3 years although there are exceptions (so advice should always be sought from a solicitor based on individual case facts).

I suggest that you go onto www.moneyclaim.gov.uk and pursue the matter through the small claims court. There is a small issue fee to be paid which you will recover from your opponent on success. However, depending on your financial circumstances you may not have to pay the court fee and your local county court can give you guidance on this.

If the Defendant does not respond to your claim then you can ask the court for judgment in your favour and when granted enforce the debt.

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