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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70420
Experience:  Over 5 years in practice
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I purchased a silver neck chain for £150 and the second time

Customer Question

I purchased a silver neck chain for £150 and the second time I wore it a link came open and it fell off. I believe the chain is faulty as it was only worn normally (twice) and not subjected to any tugging, merely normal wearing, putting on and taking off. Am I entitled to a refund, please?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

When did you purchase the chain please?
Customer: replied 3 years ago.

Hi Jo,


 


I bought it on 21st December 2013


 


Thanks


Sue

Expert:  Jo C. replied 3 years ago.
Thanks.

This is a recent purchase that was reasonably expensive. You do indeed have the right to reject it and demand a refund given that you've only had it a short time.

They may dig their heels in and try to argue that you caused the damage but then they would have to prove it and they do have the burden of proof in court because this is within the first 6 months of purchase.

If they do refuse to offer anything at all then your only option is to sue. There is no other way of forcing them to comply with the law. You can issue against them here

www.moneyclaim.gov.uk

Its cheap and quick to do that. Its very unlikely that they would take this to a contested hearing.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thank you Jo,


 


They have offered a credit note, however there is nothing else that I want and I would like my money back.


 


Thank you


 


Sue

Expert:  Jo C. replied 3 years ago.
A credit note is not a sale of goods act disposal.

You have a right to reject but if they wont comply then your only option is to sue.