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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46223
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Recently purchased a new dishwasher from an on-line retailer.

Resolved Question:

Recently purchased a new dishwasher from an on-line retailer. I used the description to make the decision but having got the machine found the description was incorrect. I have tried to get a more expensive model, the one to which the description referred but the retailer is now not answering my correspondence. I have attempted to claim from the credit card under the section 75 rules but they have refused because the description I printed out was a couple of weeks after the invoice date. This is a short précis of things, I have all copies of emails and descriptions etc. and want to know if I should proceed further to obtain the correct machine and what course is open to me?
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. How much was it?
Customer: replied 1 year ago.
In excess of £350
Customer: replied 1 year ago.
The machine to which the description belongs was over £400. I intended to buy the more expensive one until I read the 'incorrect' description.
Expert:  Ben Jones replied 1 year ago.
The retailer would have acted in breach of contract by not supplying the item which was advertised and which you purchased. This would be a breach of the Consumer Rights Act too because the item was not as described. You have tried to use the Section 75 protection but if that has been rejected then your only option is to pursue the retailer direct. You cannot force them to replace the dishwasher with the one you wanted but you can pursue them for a refund of the amount you have paid. If communicating with them has failed, then you next step is likely to be issuing a claim in the small claims court. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take matters further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Customer: replied 1 year ago.
Hi Ben.
As you say my next step is to pursue this through the court but I ask myself is it worth the expense as I have been using the machine they supplied and would probably mean they would only refund part of the cost. Does the same procedure apply for companies in Northern Ireland?
Regards
Brian Kempson
Expert:  Ben Jones replied 1 year ago.
The small claims court is not a very expensive process so the risks are relatively low. But you are correct that if you have used the machine it may mean only a partial refund. It would be the same in NI. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46223
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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