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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A firm in Uxbridge have charged me £129 for doing nothing.

Resolved Question:

A firm in Uxbridge have charged me £129 for doing nothing. I have phoned them on several occasions but they keep saying that they will phone back. What other steps can I take please
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Can you explain your situation in a bit more detail please

Customer:

Before Christmas I bought a lamp from the USA as a Christmas present. When received it did not work. It required a transformer as UK voltage is different than USA. I contacted a firm called Lynk to sort it out. They came and could not get it to work. They said that they would order the transformer for me and it should arrive before Christmas. It did not, so I phoned after Christmas and they had not ordered. When the transformer arrived it was useless. So they have charged me £129.60 for nothing. Their man was at my flat no more than 3/4 hour. I keep phoning a female called Charlie who says she will phone back, but she does not

Ben Jones :

How did you pay for the transformer?

Customer:

By Visa Debit card

Ben Jones :

so did they just provide the item, or also a service to try and get it to work as intended?

Customer:

No just one callout of 3/4 hour. Then when the transformer arrived I asked another electrician to try it out. But it was useless. The second electrician did not charge me

Ben Jones :

and the £129 - was that just for the item?

Customer:

The invoice says Materials & Labour, but the transformer was ordered by them on my Debit Card & no labour really, just looking over the lamp & realising that a transformer was required. I believe that they charge £54 an hour for a call out. But as I have said the guy was only with me up to about 3/4 hour

Ben Jones :

ok let me get my response ready please

Customer:

OK

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.


 


The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.


 


If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:


 


1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.


 


2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.


 


A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods were faulty at the time of sale.


 


If there is still time to reject the goods and request a refund, you may do so. If you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.


 

Customer:

Ok looks like Trading Standards.

Customer:

But how can I have a copy of your response

Ben Jones :

You have a few options:
a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Customer:

Could you not send to my email please

Ben Jones :

we cannot email customers, it is not an option we have Im sorry

Customer:

OK I've managed to print. Thanks for your help

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