Toussaint Davy jamaicadeli.com

[pirate1956]

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

Edited December 19, 2016 by pirate1956

[BankFodder]

Please could you post up in PDF format one or two of the solicitor's letters which were sent to this person and which presents the arguments.

[pirate1956]

letter dated 5th October 2016

 

Letter from solicitor dated 15th November 2016

4216393 Draft Letter of Claim_Redacted.pdf

4240005 Letter to Defendant_Redacted.pdf

[pirate1956]

any help with this?

[steampowered]

Hi there - the basis of your case sounds clear to me.

 

Please can fellow Caggers be so kind as to advise me of this process?

The next step is to issue a claim against this person through the moneyclaimonline website, assuming he is based in England & Wales.

 

Can I claim costs in the small claims court?

See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14. You can claim your court fees and travelling expenses, but not much more than that.

 

What happens if I receive the £150 after lodging the claim with the small claims court.

Once he has paid the £150 plus any court fees you paid, you'd discontinue the claim.

[pirate1956]

FYI I sent him this correspondence on the 17th.....

 

 

 

 

Toussaint Davy (JAMAICADELI.COM)

 

 

 

Breach of contract for the sum of £750

Fraud Act 2006- Fraud by false representation (Section 2)

 

MR Toussaint Davy:

As you are well aware by now, on the 12th April 2016 I transferred £750 into your account, having spoken to you at Partridges Market when you promised me that you would sell me a Sugar cane juicer, as advertised on your website.

I wrote to you on the 20th of June 2016, requesting you give me my money back in full. I wrote to you on the 03rd July 2016, requesting my money back. I had to go as far as to hire solicitors to demand the money from you. The solicitors, Trowers and & Hamlins corresponded with you on the 05th of October 2016 and subsequently the 09th & 15th of November 2016 and the 01st December 2016.

 

You agreed to the supply of a sugar cane machine, I have yet to see any proof that you ever had any intention of ever supplying it. Even after almost 12months there is money still outstanding. I just want to know what makes you think it is permissible to take money from me as paying client without the intention of returning it and why you are still persisting to illegally hold on to my money? I am bringing this to the forefront now as I have seen you are again currently advertising sugar cane juicing machines on your website.

 

As per the Fraud Act 2006, ‘knowingly making a representation that is or might be untrue or misleading.’ and ‘with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss’, may carry a maximum 10years’ imprisonment for the defendant.

 

I await the return of my money immediately otherwise further action will be taken and the police will be informed, I have given you more than enough opportunity to return my money.

Sincerely,