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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience:  Solicitors 2 years plus PQE
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I have a faulty bath and I am trying to get it replaced. I

Resolved Question:

I have a faulty bath and I am trying to get it replaced. I have made several phone calls and written letters
but to no avail.The only thing they have offered is to change the bath but not install it.I have already paid to have thisbath installed once why should have t pay again, especially as it is not fit for purpose It has been in the bathroom for three years, but we first complained after sixteen months and we nave been fobbed of ever since. Can you help please. Thank you
Regards
Ms inez davey
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 would it cost you to pay for any installer of the bath?
Kind regards
AJ
Customer: replied 2 years ago.

Its hard to say because we wasnt expecting to replace the bath after 3 years ? My plumber says depending on how easy it comes out any thing from £500 as its all tiled in

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I will explain each point in turn.
1. The Law:
- Under the Sale of Goods Act 1979 there is an implied condition that all goods should be "reasonably fit for purpose" - Section 14.
- This is an implied contractual term and the time limit on contractual claims is 6 years - so technically the bath should be fit for purpose for 6 years.
- If you breach a contractual term you are entitled to claim all reasonably foreseeable losses that are a natural consequence of the breach.
2. The facts
- They sold you a bath that they knew had to be tiled in;
- You had it tiled in and it was faulty;
- Accordingly it is foreseeable that you would have suffered a loss having to pay two installment fees.
3. Remedy:
- Your options are
(i) Pay the installation fee and then sue them to recover the cost in the county court - before you do this put them on notice that you intend to do this. You can start a money claim here - https://www.moneyclaim.gov.uk/
(ii) A court claim is time consuming as alternative you write to them and say you aware of your rights, the installer cost is a reasonably foreseeable loss occurring from their breach of the implied term under S.14 of the Sale of Goods Act 1979 - if they do not make a proposition to cover this cost or offer to re-install the bath you will make a complaint to Trading Standards -www.tradingstandards.gov.uk/
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience: Solicitors 2 years plus PQE
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