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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience:  Over 5 years in practice
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I have bought and had fitted a stair lift at a cost of £4268.00.

Resolved Question:

I have bought and had fitted a stair lift at a cost of £4268.00. I used a local man who was supplied by a nationwide company. The stair was fitted in April and has not worked properly since. It broke down completely when I was ill. Now it is again not working and the fitter is away on holiday. I have acute arthritis and have to go upstairs on my hands and knees and downstairs on my bottom I live on my own and my toilet is downstairs so I need a stairlift so can I get my money back to buy from a well known supplier ? Look forward to your reply.
Barbara Payne
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How did you pay for this?
Customer: replied 2 years ago.

By cheque. I had the money in my account. The amount was higher than my credit limit on my MasterCard.

Expert:  Jo C. replied 2 years ago.
OK.
Is the fitter willing to come back when he is back? How long will that be?
Customer: replied 2 years ago.

Yes. He comes back each time it stops working and makes me feel like I've misused it. He goes into great detail as to what was wrong and how he has mended it. But what I want is it to work properly.

Expert:  Jo C. replied 2 years ago.
Yes, I understand but that doesn't give you rights to cancel necessarily.
How many times has he been back to repair it?
Customer: replied 2 years ago.

About five times since it was fitted. Once because it had stopped working completely and the other times because the chair was scraping on the bars. One time he brought a man who works for the supplying company and they spent a couple of hours filing and polishing but it made no difference.

Expert:  Jo C. replied 2 years ago.
Thanks.
Five attempts at repair is more than you are under an obligation to give him. It is difficult to read this situation because he seems to be arguing this is down to misuse. If so, then that would give him a defence. Whether that will be accepted is another matter.
If this stair lift still doesn't work then it does offend under the sale of goods act. You have given him a sufficient number of attempts at repair and could demand a refund.
He will obviously not be happy about that and may well defend. If so, you will have to go to court.
You paid by cheque so you don't have rights against the credit card company to claim from them but it really doesn't matter because the fitter is uk based and still trading so the proper claim is against him.
If you are willing to give him one last chance then one option is to get a solicitor to write to him giving him 28 days to repair and in default you will sue. Obviously that might well make for an unpleasant visit from him but it would place you in a position where you have warned him.
This is a small claims court sum though so its cheap enough to sue.
You can also complain to trading standards which is often very effective.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thankyou You have given me the answer that I wanted. Which was that under the sale of goods act I could give him one last chance to get the stair in good working order or take it all away and give me my money back. Thankyou for your help.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
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