Non supply of goods limitation period for breach of contract?

[MattyKHZ]

Hi.

quick question hopefully someone may be able to answer, but have had various different responses so not sure what is correct any more……

Anyway. November 2012 place an order with 50% deposit for glass splashbacks for a kitchen we were renovating. August 2013 advised day before installation there was a problem so OK. They only offered June 2014 as a new date after months of chasing for resolution. Same issue on day or day before and no item delivered or installed.

same with proposed visit in April 2015. Chased again and on 20th may advised them I wanted my 50% deposit back so I could buy from somewhere that would actually provide what was being paid for.

1st failed delivery 2013, last 2015. What would be used for starting the limitation period. Was told 2015 but subsequent s75 claim failed and financial ombudsman using 2013.

whilst I understand 1st failure could be used, often many including credit card companies themselves expect you to give the retailer another chance. So by doing so you delay and eat in to any limitation period you had. And by not doing so I guess you could be seen as being unreasonable……

that is why I thought citizens advice and my union legal representative stating it would go from 2015 made sense. But now having lost it seems one person can state one milestone and someone else another. Not as black and white as I thought…..

and in this case with further delays caused by s75 team of a credit card company, what stops you eating into more time and not going straight to a small claims court, as if near end of limitation period the credit card company dragging things out could mean you no longer have that course of action?

[echat11]

You need to look at the Sale of Goods Act 1979.

https://www.legislation.gov.uk/ukpga/1979/54

This is recent guidelines from the FCA

https://www.fca.org.uk/publication/f...es-refunds.pdf

[MattyKHZ]

Thanks but neither answers my question as to where limitation period would start from. 2013 non delivery or 2015 where I had let the company let me down for the 3rd time and then sought a refund.

If it helps the company is not part of this as they changed name/ownership therefore are no longer obliged to honour anything previous to that.

[echat11]

des8

[MattyKHZ]

Credit Card Company reject s75 claim on the basis that I broke terms and conditions (for which there were none issued) by asking for my money back. They stated I breached the contract by doing this.

Escalation to FCA has meant that they ultimately rejected based on limitation period when items 1st did not arrive in 2013, not what I was advised elsewhere that the breach occurred when they were not delivered the 3rd and final time in 2015.

FCA are quoting CRA of 2015, not SOGA 1979. They are also referring to Section 14A of Limitation Act 1980 and "six years from the date of which cause of action accrued". Time limit applying to knowledge of requirement for bring action for damages, in other words knowledge that something had gone wrong with the goods and fulfillment of the contract. That is the stance of the FCA.

So yes in August 2013 I knew there was an issue with the goods, I gave them 2 more opportunities to rectify as they are bespoke to my property and needed. After this exhaustive process I wished my money back as I had no proof of manufacture etc just constant declarations of failings and having to remanufacture. After 3 failed attempts I did not feel it was unreasonable to seek refund and go elsewhere and that is where the last breach of contract was but not the first. Hence my original question as to what Limitation and 6 years would apply to.

[des8]

You had a contract for supply of goods by a certain date.
By agreement you and the supplier amended the contract on a number of occasions
The amendments were to the date of delivery.
Did you state that "time was of the essence", or was it an open ended contract?

IMO that makes the date that the cause of action accrued to be the final agreed amended date of delivery.

You mention referral to FCA. Was it FCA.or FOS
If FOS did you request a referral of the decision to the Ombudsman?

Did Credit Card company state explain how requesting return of money from a company that fails to perform the contract means that you breached the contract?

To what extent the change of company or Company name might impact on the contract is another matter

6 year limitation is from date cause of action accrues, ie date of failure to supply on time agreed
I