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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, We purchased a new ride on lawnmower from a lawnmower

Resolved Question:

Hi,
We purchased a new ride on lawnmower from a lawnmower retailer about 6 months ago. It has broken down several times since it was purchased. The retailer has repaired the lawnmower on each occasion but it keeps breaking down (it broke down again this morning!). We have now completely lost faith in it and just think it’s a complete dud and want rid of it while it is still in its warranty period.
The lawnmower retailer visited out garden before purchase so they knew exactly what we needed it for and they recommended this model.
We employ a gardener 3 days a week at £12.50 per hour and we are losing his time, that is he spending sorting out the lawnmower and also he is limited in what we can do when it’s out of action.
We purchased the Ride on lawnmower plus accessories for the unit (deck, powered collector, scarifier) for £7,946.16. The invoice date is 18th February 2014 but it was delivered on 5th March, 2014.
Lawnmower problems to date:
• May/June 2014 - Motor for the lift arms for the grass box broke. New motor lift had to be fitted.
• Late July 2014 – The main drive belt came off twice and it was found that the guide arm was loose.
• Service - The lawnmower was serviced as part of the service we were charged for replacement belts. The retailer did not know how to reset the hour service counter.
• 4 September 2014 – The belt for the grass box kept coming off and it was found that one of the lift arms were loose. A new belt had to be fitted.
• 9 October 2014 – The main drive belt broke altogether and it broke some wires connecting to the grass cutting blades. A new drive belt was fitted.
• 16 October 2014 – The gardener called this morning to report that the lawnmower had broken down again.
In our opinion the lawnmower is simply not fit for purpose and ideally we would like a full refund.
Can you tell me what are rights are?
Many Thanks,
Mrs Selina Wright
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 : How did you pay for the item please?
Customer:

Credit Card

Alex Watts :

Ok - then you can take action

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 signed delivery and keep a copy.

Alex Watts :

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.

Alex Watts :

You can issue a claim against the retailer for breach of contract as per the Sale of Goods Act.

Alex Watts :

You can also add the credit card company as second Defendant as they are jointly liable under the consumer credit act. There is no additional cost for this.

Alex Watts :

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:

Hi Alex,

Customer:

Thanks for your help. We only paid the deposit (£500) for the lawnmower on Credit Card. The remainder we just paid by bank transfer. Is the credit card company still jointly liable?

Alex Watts :

Yes they are.

Alex Watts :

Issue a claim

Alex Watts :

Does that help?

Customer:

That's great. We are going to write a registered letter to the lawnmower company today - so hopefully we will get a response. Are they responsible for collecing it from us or do we need to orgnaise for it to be transported back to them.

Alex Watts :

I hope so too! Good luck with this.

Alex Watts :

Can I help with anything else today?

Customer:

No that's everything thanks.

Alex Watts :

Great. If I could invite you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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