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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I live in Gravesend, Kent and I purchased an 8 Tier Water Fountain

Resolved Question:

I live in Gravesend, Kent and I purchased an 8 Tier Water Fountain for my garden from a company called Outdoor Living UK at the Ideal Home Show in London on 21/03/14 and paid the full purchase price of £350 + £5 delivery charge via my credit card on the day. I was told that the item was very popular and that there would be a substantial wait for delivery, which I was fine with, as my garden was not yet ready for the item at the time. With just one day's notice of a delivery date from the company, the item was duly delivered on 06/06/14. It arrived on a crate in a huge box weighing about 5 stones, sealed with thick cable ties, about 40 minutes before I was due to leave for work. Therefore I signed for its receipt, but was unable to check the item at all. That evening, my husband put the two parts together and fitted the water pump etc and it was all working when I arrived home at 10:30pm that evening. I then noticed that there was a largish chip in one of the waterfalls and instead of the water flowing over it and down in a nice "V" shape, it flowed down in two separate parts, in an "n" shape. It looked awful because it looked very different from all the other tiers. My husband did not damage the item at all whilst putting it together, as you can see that the chip was caused due to an air bubble when the resin was poured into the mould. There was also a missing sealed plastic bung which should have been attached to the last light and lead in the bottom pool, so instead of the water filling up to a certain point and flowing out of a special hole higher up, it ran straight out of the hole in the bottom, because of the missing bung. I have emailed ***** *****, Manager of the company in Peterborough numerous times, attaching photos, but he refuses to arrange to collect the faulty Water Fountain, or replace it with a brand new one, or provide me with a full refund. It's almost 3 months down the line now and I am getting no-where. He wants to send me a new bung, which I admit would solve one of the problems, but he says that the chip would not affect the water flow as I have said it does and he wants me to accept some compensation for the chip. I don't want compensation, I just want what I have paid for - a perfect Water Feature which works properly. I would have sent him a video of the uneven water flow, but unfortunately, I assumed an apology would be made and that it would be collected promptly and a new one delivered straight away, so my husband and I took it all apart and packaged it back up again in its original box, without taking any video evidence, showing why we are not happy to keep it.
What I would like to ask you is, could you please tell me where I stand legally with this problem and how can I force this company to either replace this item or refund my money to me, because I live 108 miles away from them and the Water Fountain is far too large to get into a normal car anyway. Please can you help. Any advice would be very much appreciated.
Yours
Karen Bickmore
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy. They are in breach of the Sale and Goods Act for the goods and not as described, fit for purpose or of suitable quality.

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.

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?

Customer: Thank you so much for your advice. I will do as you say and post a letter to them via recorded delivery tomorrow. Just one more thing though, if they do provide me with a full refund, but refuse to collect the faulty item, how do I dispose of it - it's too big to fit in my car to take to my local tip? Can they be forced to collect it from me? Karen x.
Alex Watts :

Well you can give them 14 days to collect it and if they refuse ask a Charity shop if they want it - they are always on the lookout for stock!

Alex Watts :

Thats a free collection!

Alex Watts :

Does that help?

Customer: Yes ok, thank you x .
Alex Watts :

Great. If I could invite you to rate my answer before you go today and good luck!

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