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Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Was this online or in store?
Were they described as scratched please?
It was in store and no they did not describe they were scratched and sais they were perfect tiles ,hence they were not protected on delivery
Ok - in that case the goods must be as described and of suitable quality as per the Sale of Goods Act.
As such, if not you are entitled to a 100% refund.
If they do not then you can issue a small claim
You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
So do we return the tiles back to the shop and ask for 100% refund even though it states on invoice administration fee of £25% will be charged
If there are faulty they can't refuse a return or charge £25 under the Sale of Goods Act
Does that help?
if he refuses can we take the matter to the small claims court
Yes by taking the action I suggested above
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Does that clarify matters?
thank you so much for your help
Happy to help
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