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  1. I met Mr Toussaint Davy ("Mr Davy") whilst in Spitalfields Market, London. Mr Davy was purchasing sugar cane for his business "Jamaicadeli.com", which sells, amongst other things, sugar cane juice. I agreed to assist Mr Davy with selling sugar cane juice at Nottinghill Carnival and thereafter I occasionally assisted Mr Davy with his stand in a local food market As part of his business, Mr Davy supplies sugar cane juicers and advertises the same on his website. Mr Davy suggested I should purchase a sugar cane juicer for my own personal use and I agreed to order a juicer from one of his contacts in the Far East. On 12 April 2016, I paid £750.00 to Mr Davy by way of bank transfer. Mr Davy confirmed that the brand new sugar cane juicer would be delivered to me and he would test this before delivering it to me. Mr Davy advised that this process would take in the region of one month. Approximately one month after paying for the juicer, Mr Davy informed me that the juicer had arrived but it had been taken apart by HM Customs and damaged in the process; he was not therefore satisfied with the condition and he was awaiting a refund from HM Customs. Mr Davy assured me that he had ordered a new juicer that would arrive on or around the middle of June 2016. I tried to contact Mr Davy on numerous occasions but received no response. On 14 June Mr Davy informed me via text message that he was not satisfied with the response from HM Customs, and so he would give me a full refund. On 15 June 2016 I sent Mr Davy a letter requesting a refund of the £750 by no later than 5pm on 17 June. Mr Davy acknowledged this letter, but admitted that he would not be able to refund the money within such a short timescale. He confirmed that the money would be refunded by 19 June 2016 at the latest. On 20 June I had still not received a refund and so I sent a further letter to Mr Davy. Mr Davy acknowledged receipt of all of my correspondence the following day, and explained that he had had three juicers which had been damaged by HM Customs. He implied that a 'guy in Malaysia' was currently holding my money. I asked for proof of this and although Mr Davy initially agreed to provide the same, this has never been supplied. On 24 June Mr Davy agreed to transfer £250 to me and confirmed that the balance would be transferred the following week. I received the £250 on 27 June, but I had not received the outstanding £500, despite numerous telephone calls and text messages. Mr Davy failed to provide me the full refund, to which I am entitled and the outstanding balance amounts to £500. I entered into an oral contract with Mr Davy for the provision of a juicer and Mr Davy failed to provide the goods contracted for. He is thereby in breach of contract and accordingly, he is under an obligation to refund to me the cost of the goods. Additionally or in the alternative, by virtue of Section 28 of the Consumer Rights Act 2015, it can be argued that Mr Davy has refused to deliver the goods (the sugar cane juicer) and I may therefore treat the contract as having come to an end. Mr Davy is under an obligation to reimburse all payments made under the contract without undue delay and he has failed to do so to date. Due to being messed around by Mr Davy, I took it upon myself to employ solicitors. Having received various letters from solicitors Mr Davy decided to partly pay the outstanding £500 in various parts I can confirm that I received £100 on 3 August 2016 In addition, received a further £200 from Mr Davy on 18 October 2016. Lastly I received £50 from Mr Davy on 29 November 2016. This leaves a total of £150 outstanding, after 6 months and many solicitors letters. Seeing as any legal fees will now far exceed the value of my claim, I now have no other option then to issue proceedings myself against Mr Davy in the Small Claims Court. Please can fellow Caggers be so kind as to advise me of this process? Can I claim costs in the small claims court? What happens if I receive the £150 after lodging the claim with the small claims court. Sorry for the length of this post for a first post. Best wishes and seasonal greetings to all and thanks for taking the time out of your schedules to read my thread. Regards
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