Help/Advice needed - non supply of goods.

[AmandaS]

I really hope someone will be able to help me, I'm a complete newbie and have little to no knowledge of consumer rights etc and am finding the whole thing quite confusing.

I keep reptiles and help admin a reptile group on Facebook. Ad advert was posted for a company who build vivariums and since I was looking for some new ones, I made an enquiry via personal message.
The woman I spoke to, owns an actual shop, with her husband (who builds the vivariums).
After seeing pictures and having several conversations with the woman, I made an order for 3 vivariums, to be made to agreed specifications and delivered to my home address. This was on 14/02/15, I paid for them in full on 15/02/15 directly to their bank account.
I was told that the vivariums would be built and delivered in 2 weeks.
Since then, I have been fobbed off time and again, been given excuse after excuse as to why I hadn't received my goods.
I have been told they were sent by post, DHL, that someone else collected them in my place, that they were damaged in transit and more recently, that the husband had hurt himself.
I understandably lost patience and requested my money back. They ignored my request initially, until I threatened to report them, then I was promised the vivs would be built and delivered and with added extras.....of course, nothing ever arrived. Then, just before Christmas, following another request for information, they told me they had made them in the wrong colour, I explained that I would not accept this, as they were not what I ordered and were not an acceptable replacement. I just wanted my money back!
The woman then told me that her mother had died and that she would refund me in full as soon as the funeral had been organised.
I asked her to please give me a time frame (and offered my sympathies), she told me 2 weeks.
This time passed and so I contacted her again, she asked for my bank details and I gave them to her.
It's been another 4 weeks and she's ignoring my messages.
I have since discovered that her mother had not passed away and was fine.
They have refused to give me any other contact details, such as a telephone number or any complaints procedure. I do have their business and home addresses though....I have just found out that they have recently changed their business name from DnK's Reptiles and Aquatics, to Reptiles to go....though I'm not sure if that matters.
I did contact trading standards about the problem a while back, but they really weren't much help.

Absolutely any help at all would be gratefully received at this point. I just want my money back, so I can at last purchase the equipment I need for my animals from elsewhere.

Thank you for taking the time to read my message.

- - - Updated - - -

I should probably add that I have saved screen shots of all of the messages sent between myself and the seller.

[ostell]

Re: Help/Advice needed - non supply of goods.

First of all are they trading as a limited company or as individuals?

The "preferred" response after all this time would be the issue of a small claims claim but you have to get the name correct. Tee claim would be in the form "Joe Bloggs t/a vivariums to go". Cost is minimal but they may be shocked into getting their act together,

[Amethyst]

Re: Help/Advice needed - non supply of goods.

A Letter before action delivered by post might get them to refund your money.

As Ostell says you need to find out the legal entity that the shop is owned by to know who to sue - so is it a ltd company, partnership or sole trader?

That you made your order via facebook/phone makes no difference - it is the business who have sold you the goods and failed to deliver.

When was the order first placed ?

[ostell]

Re: Help/Advice needed - non supply of goods.

I'm always suspicious when there has been a name change.

I can't find info on Companies House so it looks as thought they are sole traders or partnership.

Could this be the information you are seeking:

Daves
in Grimsby
210 Freeman Street
Grimsby
South Humberside
DN32 9DR
T: 01472 267 325

[CLL1]

Re: Help/Advice needed - non supply of goods.

I would also suggest a formal letter of claim is sent, which brings together all the relevant information, and states what you want. I have many drafts of these, so shout if you need assistance.

For reasons that don't necessarily need to be explained in great details, you are entitled to refuse to continue with the contract (i.e. repudiate) and/or claim damages to compensate you.

[AmandaS]

Re: Help/Advice needed - non supply of goods.

Thank you all so much for your replies and help. I will do my best to answer your questions.

I placed the order on 14/02/15.
I am not entirely sure of the status of the company, When I placed my order, I knew them to be DnK reptiles and aquatics, with their shop based in Grimsby....I spoke to the owners, directly through their personal Facebook messenger accounts.

How would I find out if they are sole traders, a partnership, or a limited company?

Assuming my next move is to send them a formal letter, should I send it to both the business address and their home address, as I have both?

The business address you have posted, is the address I have too, but I don't know it as "Daves in Grimsby", I did not have a telephone number though, as despite my asking, that has been withheld.

I would be very grateful for any assistance that can be offered in writing this letter, I'm not sure exactly where to start!

[CLL1]

Re: Help/Advice needed - non supply of goods.

Ok, so your contract is caught by the "old rules", not the Consumer Rights Act 2015. Play it safe and send to all known addresses, 1st class post, and ask for proof of postage from the post office.

Suggested wording (which will need filling out with relevant facts):

Dear Sirs

[YOUR NAME]: claim for breach of contract in connection with the sale of goods.

This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, you are referred to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to proceedings being issued against you and may increase your liability for costs.

On 14 February 2015 you entered into a contract with me for the production and supply of 3 vivariums, designed to my specification. Under this contract you agreed, in particular, that the vivariums would be built and delivered in two weeks at a price of [ENTER PRICE - CAN'T SEE YOU HAVE MENTIONED THIS]. In breach of the contract, you have failed to supply the goods within the time frame stipulated within the contract. By reason of the breach of contract outlined above, I suffered loss and damage. In the circumstances, you are liable to me for damages for breach of contract. At the date of this letter, the amount due is £[AMOUNT] plus interest. The interest has been calculated on the basis prescribed in s69 County Courts Act 1984, at 8% from 14 February 2015 in the amount of £[AMOUNT]. The total amount due from you to me is therefore £[TOTAL AMOUNT]. Interest continues to accrue at the daily rate of [PERCENTAGE]%.

ACTION REQUIRED
Payment of the full amount due should be remitted to the following account within 14 days of the date of this letter:
[ACCOUNT DETAILS]

In the absence of a full response by that date, I will issue and serve proceedings without further notice. I reserve all of my rights, including the right to commence proceedings against you (without further reference to you should that prove necessary) for breach of contract and to seek an order for the total amount due plus interest and costs.

As set out above, ignoring this letter may lead to me starting proceedings against you and may increase your liability for costs.

Yours faithfully,

[AmandaS]

Re: Help/Advice needed - non supply of goods.

Ok, so your contract is caught by the "old rules", not the Consumer Rights Act 2015. Play it safe and send to all known addresses, 1st class post, and ask for proof of postage from the post office.

Suggested wording (which will need filling out with relevant facts):

Dear Sirs

[YOUR NAME]: claim for breach of contract in connection with the sale of goods.

This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct and Protocols (the Pre-action PD) contained in the Civil Procedure Rules (CPR). In particular, you are referred to paragraphs 13 to 16 of the Pre-action PD concerning the court's powers to impose sanctions for failing to comply with its provisions. Ignoring this letter may lead to proceedings being issued against you and may increase your liability for costs.

On 14 February 2015 you entered into a contract with me for the production and supply of 3 vivariums, designed to my specification. Under this contract you agreed, in particular, that the vivariums would be built and delivered in two weeks at a price of [ENTER PRICE - CAN'T SEE YOU HAVE MENTIONED THIS]. In breach of the contract, you have failed to supply the goods within the time frame stipulated within the contract. By reason of the breach of contract outlined above, I suffered loss and damage. In the circumstances, you are liable to me for damages for breach of contract. At the date of this letter, the amount due is £[AMOUNT] plus interest. The interest has been calculated on the basis prescribed in s69 County Courts Act 1984, at 8% from 14 February 2015 in the amount of £[AMOUNT]. The total amount due from you to me is therefore £[TOTAL AMOUNT]. Interest continues to accrue at the daily rate of [PERCENTAGE]%.

ACTION REQUIRED
Payment of the full amount due should be remitted to the following account within 14 days of the date of this letter:
[ACCOUNT DETAILS]

In the absence of a full response by that date, I will issue and serve proceedings without further notice. I reserve all of my rights, including the right to commence proceedings against you (without further reference to you should that prove necessary) for breach of contract and to seek an order for the total amount due plus interest and costs.

As set out above, ignoring this letter may lead to me starting proceedings against you and may increase your liability for costs.

Yours faithfully,

Thank you for all your help!
I have a few more questions;
The original amount was £195.
How do I calculate the 8% interest, monthly, or annually?
What percentage should the daily additional interest charges be set at?

[CLL1]

Re: Help/Advice needed - non supply of goods.

It's an annual calculation for interest. There's a good one on Hardwicke's site here:

http://www.hardwicke.co.uk/insights/...est-calculator