How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Hi I recently bought a swim spa which I am unable to swim

Resolved Question:

Hi I recently bought a swim spa which I am unable to swim in and I have yet to receive the cover lifters that open it up after 9 weeks of receiving it I have asked for a full refund but have been told that they won't pay this
Do I have any rights
Regards David
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
How much did you pay for it?
Have they given you any up date as to how long it will take?
Can you put the lifters from any one else?
Kind regards
AJ
Customer: replied 2 years ago.

Hi I paid over £22000 I was told originally 2 weeks after first delivery as they fitted wrong ones It then took 9 weeks for them to come with them and you need 2 but they only sent 1 so I asked them to empty it and I haven't used it since

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I will summarise the position below.
1. The Law:
- Generally as a contractual principle if no delivery time is given and time is not "of the essence" then you have an expectation that the goods are delivered in a reasonable period of time.
2. The Facts;
- Unless they pre warned you of a delay then 9 weeks is clearly an unreasonable period of time;
- The fact is you were given an estimate of 2 weeks so they have clearly failed to deliver it in a reasonable period of time.
3. Remedy
- Generally as "time is not of the essence" this means breach of the requirement to deliver it in a reasonable period of time does not give you the right to terminate the contract and get a refund;
- You are entitled to contractual damages - based on your inability to use the pool etc;
- However Under the Sale of Goods Act 1979 - S.48 there is new legislation that allows you to either demand a reduction in the purchase price or rescind the contract.
4. What to do next.
- I do not think you should push to rescind the contract especially if you actually want to use the spa. The legislation allowing you to rescind is new and I cannot tell how it works in practice;
- I think you should write to the spa company as follows:
(i) They are clearly in breach of your contract as you have not been able to use what they have delivered and what they are contracted to deliver has not been delivered in a "reasonable period of time";
(ii) Say you invite them to make a proposal to compensate you on the basis that they are in breach of contract;
(iii) Say if they do not provide you in writing with a confirmed delivery date and offer of compensation in 7 days you reserve the right to (a) Complain to Trading Standards www.tradingstandards.gov.uk/ and/or (b) Make a claim in the county court.
If they do not respond you will have to either go to Trading Standards or the County Court.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions