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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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Bought a leather 3 seater settee from the Range for £599-99

Customer Question

bought a leather 3 seater settee from the Range for £599-99 on 24/10/2014 the arm rest started to crack in September 2015, sent an email to mr Aquilina on 23rd September 201t5 he replied that he would investigate my complain, after 9 emails over the course of 4weeks he finally replied with ' sorry that its has taken so long for the reply and thanking me for my patience then he stated that all complaints are taken seriously and he would be investigating this complaint that was sent to me on the 13th of august 2012 l have had no further reply. l sent all emails l was asked to reply to mr Aquilina with the proof of purchase with a bank statement l did this by return email with the attachment required, !) days have now passed and l have had now reply from him at all. have l a right to say that l believe that this settee is now "not fit for purpose" and tell him he has 12 days to reply problem or l will expect full return of my purchase price and want the settee collected at 1st opportunity.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do you mean September 2014?
Customer: replied 1 year ago.

2015 no sorry made a mistake to it was supposed to read

started to crack July 2015 not September

and 13th August 2015 not 2012

Expert:  Jo C. replied 1 year ago.
I'm afraid that is not good news. A full refund is not realistic I'm afraid.
Clearly there is a fault and the Sale of Goods Act is engaged. The complaint was outside of the first six months of sale and so it is for you to prove that the propensity for this fault to develop existed at the time of sale but that shouldn't be a problem given the nature of the fault and the price of the item.
However, that entitles you to either a repair, like for like exchange or a partial refund proportionate to the use you have had from the item. Since a like for like exchange is impossible really with a faulty item you are left with a repair or partial refund.
In principle the purchaser chooses which remedy is preferred unless the seller can prove that the chosen remedy is disproportionately expensive for them. It is almost certainly going to be the objection here.
That said, they do have to offer a repair within a reasonable period of time. If they are not able to do that then the fall back position is that they have to offer a refund but they are allowed to deduct from it to reflect the use you have had from it.
Sorry if that is bad news.
Can I clarify anything for you?
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Jo, could you please confirm how much time should I give to Mr Aquilina for a return answer to my email sent today 24/o8/15 requesting him to repair or replace the arm on my settee as I have had no proper reply from him

with regards ***** *****

Expert:  Jo C. replied 1 year ago.
I would actually send out another letter basically because you didn't quote a specific time.
You have to be sure that you are giving the appearance of being incredibly reasonable so I would write to him giving him 28 days from the date of the letter to perform the repairs or indicate if longer is needed. Make time of the essence.
Then if you receive no correspondence your fall back position can be at least a partial refund.
Customer: replied 1 year ago.

thank you for that answer, but after giving him 28 days and he still does not reply to my problem what procedure do I take then?

Expert:  Jo C. replied 1 year ago.
Well, you can always sue.
At that stage I would send him a letter before action giving him 14 days to propose a remedy and in default you will sue.
It causes extra delay but not much really and it protects you from costs.
If that fails then issue here
for the full retail price and they will come back with offers fast enough.
Customer: replied 1 year ago.

Jo thank you for your advice I have now sent Mr Aquilina a email stating that from todays date 25/08/15 28 days to find a satisfactory conclusion to my complaint, is sending this by email to Mr Aquilina ok ?

Expert:  Jo C. replied 1 year ago.
Yes, that is fine. As long as you have a record.

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