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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience:  Over 5 years in practice
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I purchased a electric ride on car . When

Resolved Question:

Hello,
I purchased a electric ride on car for kids. When I received the car, it had cracks in the body work and had the wrong wheels (3 back wheels and 1 front wheels).
I sent an email’s to the shop I bought it from telling them my problem on Friday (24/5). I then on Monday (27/5) I got an email back saying they don’t like my attitude, closed my account and that they have a life as I emailed them on Friday then after no response I emailed on Saturday and Sunday knowing that they will get it on Monday.
I then sent an email asking them for a full refund and the address to send the damaged car and wheels to, but now they have stopped all communication with me.
What can I do?
Thank you
Yours sincerely
Darren Jardine
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.
When did you purchase this?
Customer: replied 2 years ago.

Hi Jo,

Thank you for your quick response.

I purchased the car on Tuesday 21/5.

Expert:  Jo C. replied 2 years ago.
okay.
Are they UK based?
Customer: replied 2 years ago.

yes, Norwich, but not sure where this shop is though.

Expert:  Jo C. replied 2 years ago.
No, but do you have their address ? Don't give it to me but do you have it?
Customer: replied 2 years ago.

no only a PO box address in Camberley.

Expert:  Jo C. replied 2 years ago.
Okay.
You do really need to get an address. On the facts that you present there is a claim under the sale of goods act. Whether you are a polite customer or a rude customer does not mean that they can ignore the sale of goods act. If this product is faulty then even if you are screaming abuse at them they still have to offer a remedy.
I would send them one letter asking for a full refund within 14 days and setting out the grounds of your complaint about the product.
If they refuse then write to them asking for an address at which you can issue.
If they still will not comply then you can always get an injunction forcing the Post Office to give you their address and seek costs against them for having to do so so it does not really assist them to refuse you.
If they completely ignore you then you can always get a solicitor or a barrister and a public access to write to them which will probably not be ignored although it does rack up the cost from your point of view.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I have already sent an email today, asking for a refund and a return address.

No reply yet.

---------------------------------------------------------------------------------------------

Hello ........,


Can you give me a refund and the returns address (damaged car) please


Thank you

Darren

---------------------------------------------------------------------------------------------

Expert:  Jo C. replied 2 years ago.
You really need to put a date upon it. Otherwise it is just open ended.
Just send them another giving them 7 days.
Customer: replied 2 years ago.

Date of the purchase?

Date of emails asking for refund and return address?

Date I received item?

The date of first time I emailed them about the problem?

Expert:  Jo C. replied 2 years ago.
No, a date of the deadline for a refund before you take other action.
So, please can you issue a refund by x date.
Otherwise it becomes uncertain and hard to enforce.
Customer: replied 2 years ago.

Ok got it. Thank you. I would really like to keep it out the legal system and use their own policies and T&C's

Expert:  Jo C. replied 2 years ago.
Oh yes, and they should.
If they refuse though your only option is to sue.
Customer: replied 2 years ago.

yeh but how will that cost?

the car cost £179.00

Expert:  Jo C. replied 2 years ago.
£35 - £50 to issue.
If you are represented a lot more.
Customer: replied 2 years ago.

aah thank you Jo. wish me luck.

take it easy

cheers

Darren

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’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69983
Experience: Over 5 years in practice
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