How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

I paid 50% deposit for a boat lift from Viking Boat Lift, Stoney

Resolved Question:

I paid 50% deposit for a boat lift from Viking Boat Lift, Stoney Creek, Ontario, Canada more than a month ago with a promise to install within 2-3 weeks. There’s no response to my phone call or email inquiries about an installation date.
Is there enough ground to launch a legal action do I have at this situation? Small Claims Court or any other action? I'm from Toronto.
Submitted: 6 years ago.
Category: Canada Law
Expert:  Debra replied 6 years ago.

Debra Thal (username) :

Have the gone out of business? Is that a possibility?

Debra Thal (username) :

How much did you pay them?

Customer:

Is there a way to check that they have gone out of business? Their web site is still up and 2 phones lines accepting messages most of the time until they get filled. They also update a recording on their machine from time to time.


They communicated with me every day promptly before taking the deposit and also about once per week after up to May 19th. Here’s their last email:





 




From: Bo Moller <[email protected]>
To: [email protected]
Sent: Thu, May 19, 2011 4:12:22 PM
Subject: Re: Estimate from No Type



Hello Serguei..........




 




Sorry for the delay in getting back to you.




I have been off sick, and just came in today to answer a few emails.




 




No, I don't have a date for you at this time, but as soon as I get this information, we will contact you.




 




All the best,




Angelina




Viking Marine International





 



How much did you pay them?



I've payed 4,000 CAN



Debra Thal (username) :

I would send them a letter, by Registered Mail.

Debra Thal (username) :

You can demand a refund in full and provide a dealine of something like 48 hours for them to provide it.

Debra Thal (username) :

You can say that if they fail to comply you will commence legal proceedings against them and will also be seeking interest and your costs.

Debra Thal (username) :

Then if they fail to pay you you can sue them in Small Claims Court and can self-represent.

Debra Thal (username) :

If it gets that far and you need some help I can assist you.

Customer:

A Deposit of $4,000.00 payable to:



Viking Marine International




XXXXX/p>



Stoney Creek, Ontario




L8E-2Y8




Was shipped with next day delivery to the address above on May 3rd.




On June 6 I gave them 48 hour e-mail notice to respond before initiating a legal action. Still no reaction.





The intent was to have the boat lift installed in the beginning of the season to have an easy access to my boat. Without the lift I’m incurring additional out of pocket expenses each time I have to launch the boat at a marina nearby.




 




I would like to proceed with a Small Claims Court. Can you assist me? What are your fees? What is the likelihood of getting 100% of the deposit back? What is the next step to start the process?


Debra Thal (username) :

I cannot act for you but you can do this on your own.

Debra Thal (username) :

It sounds to me that you can get the $4000 and whatever damages you have suffered.

Debra Thal (username) :

There is a good website that explains what to do.

Debra Thal (username) :

I will find the link.

Debra Thal (username) :

Start off by reading the site.

Debra Thal (username) :

Then get back to me with questions that you have.

Debra Thal (username) :

But the Terms of Service do require that you start another question if you want to start dealing with this newer issue.

Debra Thal (username) :

What you can do is sign up for a monthly subscription and then can post whenever you need me as you go through the process as it can take a few months.

Debra and 2 other Canada Law Specialists are ready to help you