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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Bathroom specialist advised certain products - of which were

Customer Question

Bathroom specialist advised certain products - of which were fine - all fitted and paid for - however, one part (shower Pump) was not suitable and returned to the plumbers from where it had come from.
it had not been paid for by me, and therefore, assumed this would be returned via the plumber to whereever they got it from.
now the plumbers are insisting that I pay for the pump as they were not able to return it for a refund !! this I would like to think is not my problem - please advise
many thanks
amanda
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.

taratill :

Hello my name is Jenny and I am happy to help you today. Was it your plumber who sourced this, unsuitable, shower pump for you?

JACUSTOMER-kd2c4rjs- :

Hi

JACUSTOMER-kd2c4rjs- :

not my plumber - the bathroom supplier advised and ordered the pump - my plumber and builder advised this would not fit, and was never taken from the box - the bathroom supplier are not saying it was or anything, but they are insistent that we should pay for it !! it was returned within 10 days to the supplier by me - i would have assumed the bathroom supplier would then be able to return to their supplier ? the item was £1800

JACUSTOMER-kd2c4rjs- :

all my bathrrom stuff was approx £6k which was ALL paid for. thanks amanda

taratill :

Hi Amanda, has a suitable pump now been supplied?

JACUSTOMER-kd2c4rjs- :

the bathroom people are saying that they have not been able to return and have since tried to sell it but not been able to - and have now said they are going to take me to court !!

JACUSTOMER-kd2c4rjs- :

hi - a pump was in fact not used at all - just straight from the water mains,

taratill :

so you were advised by a bathroom specialist that you would need a pump when , in fact, this is not the case?

JACUSTOMER-kd2c4rjs- :

hi we were wanting to have a power shower effect, and he advised of this pump, which in deed was not going to fit

taratill :

Ok, if he has advised a product which is not suitable and you do not need the product and you have acted on his specialist knowledge in believing this product was necessary then you should not be liable for the price of the pump if it transpires it was not suitable or necessary. You have rights under the Sale of Goods Act on the basis that the pump was not fit for the purpose.

taratill :

I would suggest you go back to the retailer to tell them that you are not liable as you acted on their specialist advice and the pump is not fit for the purpose so you are not liable to pay for it.

taratill :

Hopefully this will be the end of the matter.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.

JACUSTOMER-kd2c4rjs- :

thank you I will do this straightaway and hope they agree, i had mentioned to them about that and they said i would have no rights !!

taratill :

You are a consumer in this situation not a tradesperson. If your plumber had purchased the item then the situation would have been different and he may have been liable for the purchase price.

taratill :

If they are difficult you can contact trading standards.

taratill :

If you have any further questions please ask. If i have answered your question please remember to give my answer a positive rating. Thank you and all the best.

taratill :

Hello is there anything further you would like to know about this?

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