How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Madam Back in December I have bought a pump which cost me

Resolved Question:

Dear Sir/Madam
Back in December I have bought a pump which cost me approx. £5400.00, the reason I have done that is to make our work easier, which is rendering .
Before buying the pump we been to training courses to the people that sell this pumps .
The reason for training is that the render that we are using is not a normal render , is a waterproofing render , this render is very rich in polymer .
At the time of the training on the area that we have sprayed all was nice and good , but when we have take this pump on site and start spraying big areas the pump start getting very hot and does not last for to much , we v been back to shop with the pump but we had no luck to add something or improvise something to make it work ,.
Going back when we have bought the pump because we did not have all money we have paid only £2000.00 and the rest due to be paid in two instalments , one of them been already paid and on e not , because of this the pump was put on a hire contract and at the time when all outstanding amount will be paid to receive a proper invoice for it .
Recently I have contacted the shop via email and telephone to ask is is possible to have the money back but we have no answer from them.
is there any chances to recover the money back please .
best regards
luca constantin chelaru
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.
Customer: replied 1 year ago.
Back in December I have bought a pump which cost me approx. £5400.00, the reason I have done that is to make our work easier, which is rendering .
Before buying the pump we been to training courses to the people that sell this pumps .
The reason for training is that the renderthat we are using is not a normal render , is a waterproofing render , this render is very rich in polymer .
At the time of the training on the area that we have sprayed all was nice and good , but when we have take this pump on site and start spraying big areas the pump start getting very hot and does not last for to much , we v been back to shop with the pump but we had no luck to add something or improvise something to make it work ,.
Going back when we have bought the pump because we did not have all money we have paid only £2000.00 and the rest due to be paid in two instalments , one of them been already paid and on e not , because of this the pump was put on a hire contract and at the time when all outstanding amount will be paid to receive a proper invoice for it .
Recently I have contacted the shop via email and telephone to ask is is possible to have the money back but we have no answer from them.
is there any chances to recover the money back please .best regards
luca constantin chelaru
Expert:  Ben Jones replied 1 year ago.
Please could you let me know whether you have a warranty for this purchase?
Customer: replied 1 year ago.
it is covered by one year manufacture guarantee.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response and request for a phone call. I am unable to speak at the moment but 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
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Assuming that you bought the pump as a business and for business use, you will not have the same automatic protection as a private consumer would have had. Whilst legislation such as the Sale of Goods Act 1979 may still cover you, it is important to check whether any of the sales documentation or contract of sale excluded that. If it did, then you are not able to rely on these laws which would have given you protection in terms of the item being fit for purpose, of satisfactory quality and as described. If the legislation was not excluded then you could rely on it and get back to them to argue that this pump is not fit for purpose. If you wish to get your money back but they refuse, then the only option may be to go down the legal route. 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.