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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48157
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We bought a shower 9 months ago (cost c £5,000) in September

Customer Question

We bought a shower 9 months ago (cost c £5,000) in September last year in stopped working and it took a month for the supplier to fix - service was appalling and required constant chasing of the supplier. 3 weeks ago the shower temperature could not be controlled (its at 52 degrees C) and is therefore unusable. The supplier said its likely to be the thermostat that's faulty and he would come and fix - that was supposed to be last week. I phoned and texted him every day last week to see when he was coming and I was ignored. The supplier is Springwave of Bristol - how should I progress this - the shower has a 1 year warranty.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

What are you hoping to achieve in this situation?

JACUSTOMER-39ns6a3n- :

Get the shower fixed quickly in the first case - if thi sca

JACUSTOMER-39ns6a3n- :

If this can't be done then get my money back

JACUSTOMER-39ns6a3n- :

Did you get my response? Not sure if I need to hit the reply button

Ben Jones :

yes I did thanks

Ben Jones :

let me get my response ready please

JACUSTOMER-39ns6a3n- :

That's fine, just wanted to confirm I was pressing the right buttons

JACUSTOMER-39ns6a3n- :

I got an email saying that you've given me an answer - I guess it was referring to the fact that you were in a chat with me - I haven't received an answer yet.

Ben Jones :

As far as the law in this situation stands, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. If necessary you can get someone else to do the repairs and then pursue the original seller for compensation to cover these costs.


Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-39ns6a3n- :

Many thanks is email an acceptable way of writing to him or does it need to be a letter.

Ben Jones :

email is fine as well

Ben Jones :

but letter, for example by recorded delivery, can be shown that it was delivered and received by them

JACUSTOMER-39ns6a3n- :

Thanks that's useful - if I were to report them to the Trading standards and start legal proceedings would that require me to appoint a solicitor and then be at risk for the solicitors costs if I was unsuccessful? On the flip side would they have to pay the costs of repair and the solicitors costs if I was successful.

Ben Jones :

You do not need a solicitor to pursue a legal claim and if you keep the value of the claim below £10,000 it will go to the small claims court which is designed for matters without legal representation and also each party there pays their own legal costs if such were incurred (regardless of who wins or loses)

Ben Jones :

hope this clarifies your follow up query?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

JACUSTOMER-39ns6a3n- :

Thanks Ben that was very useful. I am going to send and email and a letter to them today. What is the process then for going to the Trading standards and then going to the small claims court? What sort of legal costs would there be by raising such a claim with the small claims court?

Ben Jones :

How much would you be claiming for, say how much do you think the repairs will cost?

JACUSTOMER-39ns6a3n- :

Interestingly they've just come back to me and said they will cone and look to fix it on Thursday!

JACUSTOMER-39ns6a3n- :

I couldn't ay how much it would cost until the problem is identified. If they fix it then will not be an issue.

Ben Jones and 3 other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
the court fees depend on the value of the claim you are making so I will need a figure to work with to advise you f what you can expect to pay in terms of court fees
Customer: replied 2 years ago.

They are coming to fix tomorrow so hopefully we wont need to go down the legal route. The advice has been useful in getting to this point.

Expert:  Ben Jones replied 2 years ago.
Thanks for the update and glad things are working out
Customer: replied 2 years ago.

What happens if they fix it but then in 4 months it fails again - we would be out of the 12 month warranty period but will have a product which has constantly failed during its warranty period and potentially constantly failing in the future - not what you expect when you pay that sort of money.

Expert:  Ben Jones replied 2 years ago.
Your statutory rights will not be affected by the expiration of the warranty, so you could then ask for a replacement, whether for the same product or something of similar value