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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Hi - Purchased an Awning 13 months ago from Hillarys Blinds

Customer Question

Hi - Purchased an Awning 13 months ago from Hillarys Blinds - last week in fell down. Hillarys answer it must have been left in storms (which it wasn't) and will not accept any liability. What recourse do I have?
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 it please?
Customer: replied 2 years ago.

Cost approx. £2500

Expert:  Jo C. replied 2 years ago.
Thanks.

How long ago did you buy please?
Customer: replied 2 years ago.

It was purchased and installed in May 2013.

Expert:  Jo C. replied 2 years ago.
Thanks.

Ultimately if they will not offer any remedy at all then your only option is to sue.

The fault did develop outside of the first six months of sale so it will be for you to prove that it existed at the time of sale. At least, of course the specific fault did not or you would not have bought but its propensity to fail may have done so.

The truth is that you will need an expert to confirm that this fault was caused by other factors than a storm unless you are prepared to run the guanlet of suing to see if they cave in and fail to contest the matter.

They may well make an offer at that stage. Its not really in their interests to contest every Sale of Goods Act dispute.

If they do dig their heels in though then the obligation will be upon you to show, on the civil standard, that this was caused otherwise than by weather exposure.

Can I clarify anything for you?

Jo

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