I’m after a bit of advice. Back in 2007 at the Excel show I handed over £300 cash to "Cans R Us" or Diamond Motorsport as they were also called. They said the exhaust will be delivered within 10 days. Anyway to cut a long story short and several letters later I never got the exhaust or refund.

 

I contacted Scorpion who were aware of the problem but there wasn’t a lot they could do about it and I also contacted MCN just to see if you knew anything about them. I gave up in the end and forked out another £300 direct to Scorpion and finally got an exhaust! I tried many times to get in contact with Can R Us and searched the net looking for information with no luck. Today I was sorting all my paperwork out and came across the receipt and letters from Cans R Us and thought I would give it one last go to track them down. I found them!

 

Now I don’t know what I can do to get my money back? It still makes me really angry knowing that they took my money knowing that I would never receive what I paid for. If it was £50 then ok I would have forgotten about it but £300 is still a lot of money. Any help on the matter would be greatly appreciated.

 

 

The time period for pursuing a claim like this is different to that involved in 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 and advice should always be sought from a solicitor based on individual case facts. In your case your claim would be governed by contract law as you had a contract with Cans R Us to provide you with the exhaust in return for the payment made. The company has not fulfilled its contractual obligations and as such you are entitled to recover the £300 plus interest. The time limit for bringing such a claim is 6 years.

 

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 you should discuss this with your local county court. It is not worth involving a solicitor because to recover legal costs in contractual disputes your loss needs to be in excess of £5,000 to be entitled to recover costs. This differs from personal injury law as in that forum you can recover your costs as long as damages for your injuries exceeds £1,000.