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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a Rebar Cutter 20mm it broke after 4 weeks

Customer Question

Hello, I bought a Rebar Cutter 20mm it broke after 4 weeks & was told we had over loaded it & would not repair it under the guarantee they later said they would repair it free of charge but I would have to sign a disclaimer in case it happened again. I also purchased 2 sets of replacement blades for the cutter at 266.40 per set. Ive since had the same blades made by a local firm for 25.00 per set. The Cutter & Blades have cost : I would like on getting our money back.
Cutter, Charger & Batters = 1999.50 Regards ***** *****
2no Sets of Blades = 532.90 ABC Reinforcing LTD
Total = 2532.30 + VAT
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, has the item been repaired? Did you also buy this from a business seller and did you buy it as a personal consumer or a business?
Customer: replied 2 years ago.
Not yet , I think they are in the process of doing so. I bought it from a Tool Hire Firm. We are a construction firm.
Something I forgot to mention a 20mm diameter steel rod will not fit in the cutter properly.
Expert:  Ben Jones replied 2 years ago.
So are you saying that the cutter, which is advertised as being able to cut a 20mm rod cannot actually cut a rod of that diameter?
Customer: replied 2 years ago.
It will cut a 20mm rod but will only fit in the cutter , where the seams which run either side of the rod are 20mm, but the rest of the rod is ribbed which is approx. 22mm. diam. This is standard world wide for any 20mm rebar.This is fine when the rod is loose & can be put in the cutter on the 20mm.diam. but when the rods are cast in concrete you can,t get the cutter around the 22mm.diam. which is when you really need to.
Expert:  Ben Jones replied 2 years ago.
As a business buyer your rights will not be as extensive as if you had been a consumer, who gets an automatic right to a refund, repair or replacement. These rights do not apply to business buyers. Your rights will only extend to the following:
• Anything you are entitled to under a manufacturer’s warranty – this will depend on the terms of the warranty
• A refund or compensation if you can show that the seller has acted in breach of contract. For example, if the item was not as described and does not meet its description you could argue that the seller has acted in breach of contract. All of this would of course depend on how it was advertised and if it meets the description given.
You can of course approach the seller and try to resolve this with them amicable but you cannot force them to agree with you and accept the item back. If that was to happen, you will have to consider whether to go further with this.
As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the seller to voluntarily pay what is due under a refund.
2. Letter before action – if informal reminders have been sent but these have been ignored, the seller must be sent a formal letter asking them to refund you on return of the item, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the costs. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Why have I been charged an extra 46.00 today 16.10.15 whithout my consent.
Regards ***** *****
Expert:  Ben Jones replied 2 years ago.
Hello, i do not deal with account issues unfortunately but it could be because you have selected the subscription option when you initially posted the question. To discuss anything related to your account please contact***@******.***. You can advise them you do not wish to be on a subscription plan but just wanted to make a one off payment for the question you posted above. Thanks