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 emily4422 Your Own Question

emily4422
emily4422, Barrister
Category: Law
Satisfied Customers: 80
Experience:  Barrister with several years crown court experience, practised in advising clients on the merits of their cases
43608810
Type Your Law Question Here...
emily4422 is online now

In Nov. 2012 I bought a winter rug, from an internet seller,

Customer Question

In Nov. 2012 I bought a winter rug, from an internet seller, for my horse but it developed a fault 2 days later. I contacted the supplier & provided them with pictures of the fault & they said they would contact the manufacturer and get back to me but they didn't. I couldn't get a reply via email or telephone for months. I had hoped they would provide a replacement or offer a repair. I used the rug occasionally between Nov & Feb but it developed yet another fault and so I had to replace it. I threatened legal action in February and the seller said I had to have the rug cleaned and return it to them and then they would let me know what they intended doing about it - they said they could not handle a rug that had been in contact with an animal so under no circumstances would they consider looking into the fault unless the rug was cleaned and then returned to them. Bear in mind that you can't stick a rug in the washer so it has to be sent away for professional cleaning which is expensive. I sued in the C Court and obtained a judgement by default. I have written to the seller on numerous occasions stating that the faulty rug is available for collection at any time. Today the seller has written stating that they have sent a cheque for the court judgement but that I have to have the rug cleaned and return it to them within 14 days otherwise they will seek damages. They have said they will refund the cost of return postage but not the cost of having the rug cleaned. I have told them that I am not prepared to have the rug cleaned or ship the item to them as instead it is available for collection from me at any time

Where do I stand please?
Submitted: 3 years ago.
Category: Law
Expert:  emily4422 replied 3 years ago.
Hello, I will try to help you with this question.

Firstly, I am glad to see that they have accepted their fault by sending you a cheque for the court judgment and are not disputing that decision. This means that you know you are in a strong legal position.

As far as their demand for you to clean the rug at your own cost is concerned, they have absolutely no legal grounds to request this.

The fact is, they sold you a faulty rug. You were only able to discover it was faulty by using it. In using it, it became slightly dirty. You are only obliged to return it to them because it was faulty, a fact which is due to their own breach of contract not yours.

All of the above means that the supposed "need" to clean to rug only arises as a result of you having to return it to the company. Since you are only returning it because it is faulty, it's therefore that faulty nature of the rug which is incurring you the cost of having to clean it. The company which is responsible for that fault should therefore pay for the cleaning or, quite simply, clean it themselves. They have caused you that cost as a result of their sub standard goods and should refund you that as well as pay the court judgment.

As as aside, I find it strange that they want it to be clean on its return - are they perhaps intending to re-sell it and hoping the next customer won't complain? Perhaps you can raise that point with them as a further argument for not having to pay to clean the item.

From this point, I would advise that you write them a letter, setting out in bullet point form the reasons why you will not be paying. Simply send them the rug with that letter and leave matters at that. If they want to get back to you they will. I assume you have already received your payment? If so, then you needn't worry about how they feel about the cleanliness or otherwise of the rug.

In short, there was no court order against you ordering you to clean the rug. The order was against them to pay the judgment. There are no legal obligations therefore placed upon you.

I hope this is of some assistance to you. Please do write again if you need anything else. In the meantime please rate my answer so that I may be credited for my time. Thanks.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice