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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We sold a new dishwasher to one of our customers.For £350

Resolved Question:

Hi we sold a new dishwasher to one of our customers.For £350 inc delivery and fitting and taking the old one away.Unfortunately it had a fault that was to expensive to repair.So the customer decided he wanted a cash refund or exchange,So we agreed to pay him what we had payed for the dishwasher.But he wanted £400 this is what he had payed for his new one and that was inc the £100 fitting cost.The customer then bought a new one and paid a £100 for the fitting of his new appliance.Unfortunately he gave the company that he bought the new one from his old dishwasher .Leaving me with no dishwasher to take back to my supplier for a refund.After a lot of phone calls and time spent in currys store we eventually got £200 back what we had paid originally for the dishwasher.We offered him the £200 but did not accept and now wants to take me to the small claims court.Could you please let me know if I have to pay him £400. Many thanks m
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did the sale take place?
Customer: replied 1 year ago.
Hi around November 2015 I haven't got the exact date to hand
Expert:  Ben Jones replied 1 year ago.
So he gave the faulty dishwasher which you sold to him to the new fitters?
Customer: replied 1 year ago.
Do you need the exact date?
Expert:  Ben Jones replied 1 year ago.
No thanks, ***** ***** an approximate date. So did he give the dishwasher you fitted to the new fitters?
Customer: replied 1 year ago.
Yes he did andthe company he bought the new one from was currys and he paid them £100 for fitting
Customer: replied 1 year ago.
We also purchased his dishwasher from currys
Expert:  Ben Jones replied 1 year ago.
So has the dishwasher actually gone back to Curry's which is where you would have sent it? Can they not link the dishwasher as being the one you bought from them and acknowledge that it is in their possession?
Customer: replied 1 year ago.
Yes it has gone back to currys but it would normally go to a department specifically for returned items only.And they would then return the item to the manufacturer and get there refund. Unfortunately they could not locate it and it will have been sent for recycling. Yes they have refunded me after a lot of phone calls and visits back and forward to currys superstore.And my company are the authorised repair agents for currys so that helped me a lot.
Customer: replied 1 year ago.
I have offered him £200 what we received back from currys for the dishwasher.He originally paid £350 and this was for the sale and installation and removal of his old appliance.
Customer: replied 1 year ago.
Hi are you still there?
Expert:  Ben Jones replied 1 year ago.
Yes, just trying to work out if you managed to get a dishwasher out of him - so he had his original one, you fitted your one and took away the original one, then he had the current one fitted and they took away the one that you had fitted? Is that correct?
Customer: replied 1 year ago.
He bought a dishwasher from my company that we sold to him in November.The dishwasher then developed a fault he contacted currys and currys asked my company to go and see what the problem was.We assed the the dishwasher and then sent our report back to currys.During this period the customer didn't want to wait any longer and purchased a new one from currys.And then demanded a cash refund from me.
Expert:  Ben Jones replied 1 year ago.
Yes I understand but when you fitted the original dishwasher did you take the old one away?
Customer: replied 1 year ago.
Yes we took his old one away.
Expert:  Ben Jones replied 1 year ago.
OK thank you. The way I see it is as follows: you supplied and fitted a dishwasher, the fee included supply, fitting and taking away the old one. He gave you the old one, so that part was satisfied, and the one you installed proved faulty, which means he could have exercised his rights to a refund under consumer law. This means he would have received a refund for the faulty dishwasher, as well as fitting and shipping. He may not have given you the faulty dishwasher to take back but you still managed to get a refund on it from Curry’s so you are no worse off than if you had been allowed to take it back. Had you not been able to get your money back on it by not being allowed to take it back, then you could have deducted that portion off the refund amount. So in the circumstances he could ask for a full refund of the £350, but he cannot ask for extra, just because he has had to pay more to get a new dishwasher. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Ok we wanted to replace it for him and we would have fitted the replacement for him.But he didn't give me that opportunity,he went to currys and ordered a new one. So I then had to spend my time arguing with curry to get a. Refund for an appliance that I couldn't give them bac because he had given it to the fitters for scrap.Can I change him for my time spent doing this?
Expert:  Ben Jones replied 1 year ago.
How soon after fitting did he request a refund/replacement?
Customer: replied 1 year ago.
A few days at max
Customer: replied 1 year ago.
Sorry did you mean the fitting of the new one he purchased from currys. It was a few days later
Customer: replied 1 year ago.
We had to wait for authorisation befor we could do anything we could have been told to repair it.
Expert:  Ben Jones replied 1 year ago.
Under law he would be allowed to ask for a refund within the first month so he cannot be penalised for opting for that option instead of a repair. So the only thing is the fact that he did not return the dishwasher you fitted, creating additional workload for you, so if you can attribute some time and costs to resolving that you can try and deduct it from the total refund amount. Hope this clarifies?
Customer: replied 1 year ago.
Ok thanks I will leave a response.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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