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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Madam, I purchased a domestic platform lift costing

Customer Question

Dear Sir/ Madam, I purchased a domestic platform lift costing £11500 inclusive of installation in March 2013. It had a 12 month warranty. In the first year, it had 6 repair callouts, all associated with lift call buttons and the door microswitches. I then had a repair free period until 2 weeks ago when similar faults occurred including the replacement of a component called an inverter costing £816. At present I am being asked to pay for two of the lift engineers callouts at £165 each, but not for the hours they worked. A third callout was by the lift companies engineering director and was not charged to me, however there is a possibility that I will be asked to contribute to the cost of the failed inverter. How do I stand in this matter. Thanks, ***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I confirm you purchased as a consumer rather than a business customer please?Have you contacted the supplier that you paid for the lift regarding the faults or have you been dealing with the manufactuer please?
Customer: replied 1 year ago.

Hello Joshua,

I purchased the lift as a consumer.

I contacted the supplier (who also installed the lift) regarding the faults.

Thanks,

Mike

Expert:  Joshua replied 1 year ago.
Many thanks for the above.As you will likely be aware the position here is that you have two differing sets of rights. The first set of rights you have under any warranty from the manufacturer which are somewhat limited insofar as that they are limited to the terms of the warranty which are probably not overly generous and from what you say then warranty has expired so therefore is of no use whatsoever any longer. I will leave this here though because of what follows. You have a another set of rights by virtue of your contract with the supplier from whom you purchased the lift. This set of rights are much more extensive as terms are implied into your contract by virtue of the Supply of Goods and Services Act that the lift must be of satisfactory quality, fit for purpose purpose and as described and the installation of the lift must have been carried out with reasonable skill and care. During the first six months, any faults are automatically assumed to be inherent as opposed to having been caused by damage or otherwise on your part under the provisions of the Consumers Regulations 2002. After the first six months, the burden of proof switches to you to show that any faults are inherent as opposed to having been caused by damage. However if the same fault has reoccured that occured previously then you may be able to return to the supplier on the basis it was never fixed properly in the first place and not have to show that the fault is not down to wear and tear or damage. If you can not show the above then providing you can demonstrate that the fault is not ue to damage or expected wear and tear on the unit, then under the provisions of the Supply of Goods and Services Act for a period of up to 6 years from the date of purchase, you can insist upon a repair or replacement at the retailers discretion at the retailers cost. In order to show that the fault is enther a reoccurance of the initial fault that was never properly fixed or that it is a new fault which should not have been expected to occur this early and is not down to wear and tear or damage, you may need to obtain a brief report from an independent lift engineer and you could ask them to quote for the repair at the same time. You are required to give the retailer reasonable opportunity to repair. There is no specific prescribed number of times that you must must not allow them the opportunity to repair the lift however if they have failed to repair the same more than two-three times or refuse to repair the lift this would usually be held to be satisfactory opportunity to do so and you would be within your rights to claim the cost of repair by an alternative contractor. Accordingly the legislation remains very powerful in that providing you can show that's the fault is not down to reasonable wear and tear or damage caused by you (using if necessary and independent lift engineers report on quotation as above) you can insist on a repair or replacement (at The original retailers discretion) and if that repair fails to fix the issue all they refuse to carry out the repair to you reasonable satisfaction then you can claim the cost of repair by a third party. In terms of how you might consider proceeding, you need to ensure you have a written record of your exchanges with the retailer in case you decide to go to court. If you have a verbal conversation with the retailer ensure it is confirmed in writing by an email for example after you have finished so that there is a record of what was discussed or agreed. If you write to the retailer, ensure you keep copies of any correspondence sent any correspondence received back. If corresponding by email, this is usually kept automatically.you can pursue the retailers the above rights under the Supply of Goods and Services Act for up to 6 years from the date of your contract so long as you can show that it is reasonable to expect the unit not to have developed the fault for which you are claiming at the time you make the claim. If you decide you have no option but to raise a claim the easiest way to do this is by using the courts online issuing service:https://www.moneyclaim.gov.uk/web/mcol/welcome.Assuming you are successful, you can recover court fees and costs. You can seek to claim either the repair cost of the lift using a third party contractor I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Expert:  Joshua replied 1 year ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Expert:  Joshua replied 1 year ago.
Have I been able to help you with all your questions on the above?
Expert:  Joshua replied 1 year ago.
If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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