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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44942
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently done a job customer. I installed

Customer Question

Hi, I have recently done a job for a customer. I installed CCTV in her property on 22nd January 2016. The lady was happy with job and amazed at the quality of the cameras installed. A month down the line she has wrote to me saying she is not happy with the cameras and is demanding the full sum of money back. I would like to know what my rights are and if she is entitled to do this please can you advise.
Thank You *****
Director
Shop A Lot LTD
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was she a private consumer?
Customer: replied 9 months ago.
Yes she was
Expert:  Ben Jones replied 9 months ago.
What exactly has she said is wrong with the cameras?
Customer: replied 9 months ago.
She has said the quality of the picture is not good enough, she had a solicitor around at the time who was assisting her in the location of the new cameras who also saw the quality of the cameras and complimented them saying how good the cameras were. I also had a work college with me who witnessed everything that happened. And also witnessing how happy she was, she paid us the amount in full by cheque and we were on our way yesterday was the first time I heard anything from her. I was awaiting a phone call from her so I could go round and show her how to use the playback function after ten days of installing them. This never occurred and the next thing I received a letter sent recorded delivery yesterday.
Customer: replied 9 months ago.
I also have picture evidence of the four system cameras we installed showing a clear image quality
Expert:  Ben Jones replied 9 months ago.
Do you have a returns/refund policy in place?
Customer: replied 9 months ago.
No I do not, the cameras where installed a month ago I cannot return them to the merchants as I have none of the original packaging. And all cables used were cut to length and manually crimped on site which will also be non refundable.
Expert:  Ben Jones replied 9 months ago.
Unless you had a refund policy, the customer will only be able to ask for a refund in limited circumstances. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:· of satisfactory quality – they must not be faulty or damaged when they receive them;· as described – they must match any description given to them at the time of purchase; and· fit for purpose – they should be fit for the purpose they are supplied for, If they do not match the above requirements, the consumer will have certain legal remedies against the seller. Their rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if they change your mind and no longer want the goods. So the key is that they must fail to meet the following – be of satisfactory quality, as described or fit for purpose. If the goods do not meet the criteria mentioned above, the consumer will have the following rights: 1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase. 2. Ask for a repair or replacement – if they are too late to reject the goods or do not wish to get a refund straight away, they can ask the seller for a repair or replacement. A useful rule is that if the consumer tries to claim that the goods do not meet the above criteria and does so within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. So the consumer can only request a refund if she claims that one of the three criteria were not met. As she has done so within the 30 days after purchase she can still claim a refund. As this was also done within the first 6 months, if this was to go further, such as to court, it would be for you to prove that the cameras did meet the criteria and there was nothing wrong with them. Of course that depends on her taking you to court. At this stage you do not have to oblige to refund her and can ask her to show you why she believes the cameras are of no good quality, reminding her that she said otherwise at time of installation. If she remains unhappy she can eventually consider making a court claim but that is not a guarantee and until then you can stand your ground. If a claim is made you can reconsider your position and whether you wish to refund. 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
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Customer: replied 9 months ago.
5 star advise, thank you for your time and I appreciate the advise given today.
Expert:  Ben Jones replied 9 months ago.
You are welcome all the best

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