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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a used mobile phone from a site called gumtree for

Customer Question

I bought a used mobile phone from a site called gumtree for £170. However, the phone is faulty. I contacted the seller who has offered to have it repaired by at man at a dubious location. I have asked for a refund and the seller refuses saying he does not do refunds, and that I can have it fixed or nothing. Although I collected the phone from the sellers home address, he is a trader. I paid cash. He provided me with a 28 day written warranty. I contacted him the next day and told him the phone was faulty and have not used it since. What are my legal rights under SOGA? Should I pursue this? I am only a student and have no money so £170 is a lot to me. S
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
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.
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.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?