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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Bought a ride on lawnmower from Web site. It is not as described

Resolved Question:

Bought a ride on lawnmower from Web site. It is not as described on website but seller tells me I have to pay transport cost which due to weight and size is considerable. Is that correct
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
You mean that you are charged for delivery when it was not made clear? Or you want tor return it?
Customer: replied 1 year ago.

Yes I am able to cancel payment for machine but vendor says I must pay for return transport although the goods are not as described

Expert:  Ash replied 1 year ago.
I see. If the goods are not as described then the seller is liable for the return costs under the Sale of Goods Act. If the seller refuses I suggest you get it shipped to the seller (you can use a parcel comparison site) and then look to seek to reclaim that cost.
At least that way you get the refund for the lawnmower and just need to worry about the courier cost.
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?
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

No additional help required as my question has been fully answered. Thank you

Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex