Vendor non-comliance

[rbtallman1]

I had confirmed (via e-mail) reserevations from a national vendor for a trailer to be picked up April 30, 2005. I needed the trailer to take personal belonings to our summer home in PA. The trailer was not available on the30th, nor on May 1 or 2. I had no choice but to leave the items in storage until we went north the following April. On the 30th, I went to my storage unit, where the trailer was to be (the storage firm is also a representative of the vendor) and there was the exact model I had reserved. Unfortunately the vendor had not communicated the requirement to the firm, the trailer had come in the day before and later that day someone else reserved it. I wrote the vendor and while they were very apologetic and sent me $50.00 in coupons for the next rental, they took no responsiblity for the storage costs. I then filed in Sarasota County court for a Citizen's Dispute Settlement. The date was set but the vendor did not show. I have all written correspondence and bills for the storage rental but have not been able to obtain data from the vendor that the trailer was indeed there. They MUST have these records somewhere. I want to file in small claims court for the cost ($600.00) of the storage. Do I have a realistic chance? Should I pay a small claims attorney for a service and if so what? Can I subpoena the vendor's records to demonstrate that in fact the trailer was there on the rquired date but was rented to someone elsefor that rental? If I lose in small claims court, can the vendor sue me for court costs and attorney's fees?
thank you.
RT

 

[seniorjudge]

Q: Do I have a realistic chance?

A: No. You didn't suffer any damages. You would've had storage fees no matter what.

 

[rbtallman1]

vendor non-compliance

I wasn't clear. The items I had to leave in storage would have been transported to my summer home and I would have incurred no storage csts. The vendor is the ONLY national firm that rents trailers so I had no choice other than purchasing a trailer outright and I didn't have time at that point to do so. My issue with the vendor is that he promised to perform (confirmed reservation) and didn't (trailer was available but the vendor did not issue the requirement to the local franchise). I really have no recourse because I needed to go north and couldn't take my personal belongings with me (shipping by a mover would have been three times the cost of storage) because the vendor didn't perform?
thanks again.......
RT