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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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Can you help with this issue. I purchased a pushchair

Customer Question

Hello.
Can you help with this issue. I purchased a pushchair 3 weeks ago and its faulty. I took the item back to the shop and was told that it had to be returned to the manufacturer. I was under the impression that under the consumer rights act that I was within my rights to reject the item and request a refund or replacement. The shop owner was rude and told me that it was not his responsibility but the manufacturers and that he was not prepared to refund or replace. I was offered a loan of a second hand strollers while I waited for the outcome. The stroller is not suitable for the age of my granddaughter and I really dont want her in a second hand stroller. The pushchair was £167 so it was not cheap and should surely last beyond 22 days. He has told me to go back down again this evening but I really want to know my legal rights before I meet up with him. If he steadfastly refuses to refund or replace what is my next course of action. The pushchair is definitely faulty. please help.
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
Your rights are as follows when you purchase goods as a consumer.
The item must be of satisfactory quality and fit for purpose for a reasonable time.
Clearly this is not the case here.
It is not the manufacturers problem for you it is the shop's responsibility
to make it right with you. Your contract is with them not the manufacturer.
The relevant legislation is the Sale of Goods Act, No the Consumer Rights Act.
IF he still refuses to refund or replace the item then your remedy is to bring a claim in the small claims court. You will need to write to him giving formal warning that you will bring proceedings against him if he doesn't refund the money to you within a period of time you set, then you will need to follow this link and bring an action. https://www.moneyclaim.gov.uk/web/mcol/welcome
Hopefully when he sees that you know your rights he will do the right thing.
Good luck this evening.
Customer: replied 1 year ago.
Thank you for the reply. Can you just clarify something for me. Am I within my rights to refuse the use of a secondhand stroller while he sends my pushchair back to the manufacturer. Also if I put it in writing does it have to be from a solicitor or can I write the letter myself. The owner is also repeatedly stating that its his shops policy to return items to the manufacturer and not to replace or refund until they have checked it. I can understand that if the item was months old but this is 22 days, is there anything that states they must replace or refund because of the short period of time. I am going to have a battle on my hands so need as much information as possible. Thanking you in advance fore your help.
Expert:  LondonlawyerJ replied 1 year ago.
1 Yes, expecially if it is unsatisfactory as you describe,
2 You can write it yourself
3 This item is not fit for purpose within a very short period of time you have a right to a refund or replacement. His policy does not affect your rights.
Customer: replied 1 year ago.
Thank you. I can now go armed with legal information. I'm certain that he won't budge so it will end up in the small claims court. If I do via the online claim does it still carry as much weight under the law. What happens if he ignores the online court letter.
Expert:  LondonlawyerJ replied 1 year ago.
Online is the way o bring the proceedings. They are real court proceedings and can be enforced by court bailiffs.
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 792
Experience: Solicitor with over 15 years experience.
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Customer: replied 1 year ago.
Thank you very much. I will leave a top rating. Wish me luck.
Customer: replied 1 year ago.
Just to say thank you. I've received a replacement and have a letter from the owner stating that if this one breaks then I will be able to have a full refund. I felt very confident stating my case and standing my ground. Regards.
Expert:  LondonlawyerJ replied 1 year ago.
Thank you.

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