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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice
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I puchased a garden shed on 26th Nov 2013 from Skinners sheds

Customer Question

I puchased a garden shed on 26th Nov 2013 from Skinners sheds The shed was erectd on site by Skinners and I paid by Credit Card . I was then given their "recommendations to prolong the life of your building"

These stated that "you must apply a water repellent treatment" and that "the doors and windows must be left open to let damp air escape" --"this can take 3to 6 weeks "
but "remember to shut all doors and windows during high winds and bad weather conditions"
I feel I should have been made aware of these recommendations before I purchased and in any event the instructions are 'contra proferentem'
If I had known that the door had to be left open in mid winter for six weeks or more I would probably not have puchased. The shed is now wet on the inside and the roof timbers are separating due to damp Do I have a case against Skinners and if so under what law?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

How much did you pay for the shed please?
Customer: replied 2 years ago.


£1200 by cr card---£300 deposit and £900 before delvery

Expert:  Jo C. replied 2 years ago.
Thanks

Timbers do not usually separate due to damp. They usually separate because they have shrunk as they are dry.

I have not seen the shed and therefore I do not know the cause or whether it is normal. It seems rather odd that you are told to leave the doors and windows open in winter as that would let more damp in than keep it out.

If you are intent upon suing over this under the Sale of Goods Act then you will have to convince a Court that had you known that you must apply water repellent treatment and that the windows and doors should be left open to let damp air escape you would not have brought the shed. You would also have to prove that if you had bought a different shed you would not have had to follow this procedure. As this is a timber shed, I think it unlikely that the procedure from one manufacturer would be different than another.

Because you paid by credit card, you can file a section 75 Consumer Credit Act claim with the credit card company which puts the burden to comply with the Sale of Goods Act on to the credit card company along with the merchant. If they do not uphold your claim, you are then faced with taking rhwn to the Small Claims Court under the Sale of Goods Act to argue that the goods are not of satisfactory quality or fit for purpose.

The link to the Small Claims Court is here

www.moneyclaim.gov.uk

Which you should find simple and easy to use.

If you follow the section 75 route, contact customer services at your credit card company and they will either give you a link to follow on their website or send you a form. Each credit card company has a different procedure.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

I would like to fax you their delvery note ----I dont know how to scan and send it but could fax it if I had a number

Expert:  Jo C. replied 2 years ago.
You would need to email [email protected] but include a link to this post so the mods know its for me.

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