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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There We purchased ~£2500 worth of lighting equipment from

Resolved Question:

Hi there
We purchased ~£2500 worth of lighting equipment from Prolight Concepts Group Ltd through our company (Fiend Productions Ltd) and on receipt found 6 of the 8 units to be faulty/unusable i.e. not in anyway fit for purpose.
Prolight Concepts Group Ltd offered to have them collected via their own courier confirmed that the units were faulty but had also been further damaged on their return due to not being in their original packaging (unfortunately in their T&C's). This I believe is something they should take up with their own couriers.
They offered to fix and return them (which we do not want due to having lost faith in the product and losing the customers who were interested in hiring them from us) or refunding us less a 30% re-stocking fee.
We purchased these units in good faith but they were not fit for purpose, we feel we should get a 100% refund even though they weren't returned in the original packaging.
It would be great to get some legal advice to see if we have a decent case (I have the emails from them with them confirming the faults BTW).
Thanks
***** ***** - Fiend
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.
Expert:  Ben Jones replied 1 year ago.
Please can you outline the main points of their terms and conditions.
Customer: replied 1 year ago.
Hi BenSure, attached for you.BestJames
Expert:  Ben Jones replied 1 year ago.
Thank you for the attachments. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The first thing you need to ensure is that the contract you had with them did not exclude the Sale of Goods Act. If it did, then you will not get the usual protection you get in such transactions, namely the right to expect the items to be as described, of satisfactory quality and fit for purpose. Whilst consumer transactions always have these terms in place, a business to business contract can exclude them so ensure that is not the case.In the event that there was such an exclusion you still have rights but they would be under breach of contract, such as by arguing that they did not match their description. The issue here is that if it was a specific term that the items must have been returned in their original packaging and failing to follow that condition resulted in further damage, you will be partially liable. How much will really depend on what faults were already present and how much further damage was caused by the failure to use the correct packaging. They cannot just penalise you for not using the correct packaging but they can make you liable for any damage caused as a result. So you are unlikely to expect to recover 100% of the value if your own negligence had resulted in further damage. The issue is how much is going to be taken so you need to get some evidence that justified the 30% ‘restocking fee’ is indeed a genuine estimation of the further damage inflicted on these items. For example, if it will only cost 10% of their value to fix this damage you should not be charged 30% just because you had done something wrong. They should only charge you for what is a genuine pre-estimation of the costs incurred as a result of your actions. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should this matter remain unresolved, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. 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 debtor to voluntarily pay what is due.2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, 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 debt. 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.

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