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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I run a sole trader plumbing bizI ordered a toilet pan for

Customer Question

I run a sole trader plumbing biz
I ordered a toilet pan for a customer online ,to match a grey suite. On delivery I immediately realised I had ordered the wrong item. Contacted supplier who agreed to swap item for correct toilet pan (at small additional cost), but easiest way would be to place a separate new order, and return incorrect item for full refund. Returned original item in original packing, but 4 weeks later had not received a refund. On contacting supplier they said received the return damaged as not adequately packed so could not give refund. As I used original packing who is at fault?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** i will help you.
Did they say why it took 4 weeks to let you know it was a problem?
Customer: replied 1 year ago.
They said they had sent an email informing me if the problem but I never received it.
Expert:  Ash replied 1 year ago.
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?
Alex
Customer: replied 1 year ago.
Would this be covered by distance selling laws ? Just like to verbally state my case to vendor one last time before taking the legal route
Thanks
Expert:  Ash replied 1 year ago.
If you are a sole trader then no as it applies to consumers.
Does that clarify?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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