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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3495
Experience:  Solicitors 2 years plus PQE
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Have I a valid case to claim compensation? A toaster I

Customer Question

Have I a valid case to claim compensation? A toaster I bought on the 29th Dec 15 went on fire less than 1 1/2 mths after being bought new. I have been in touch with Morphy Richards and the collected the toaster for examination and confirmed that there was a fault in the PCB board. The fire caused damage to my kitchen resulting in almost £1900 to fix. I have been in constant contact with them but they are dragging their heels. I gave them a deadline or I would step things up for compensation as well as the cost of repairs due to the fact that I was not here and my wife was at home with my to boys ages 11 & 7 at the time and if it was later at night they could have all been in bed resulting in a serious incident. Do I have a good case?
Submitted: 6 months ago.
Category: Law
Expert:  Alex J. replied 6 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. If there was a fault with the toaster then the seller of the toaster will be in breach of S.14 of the Sale of Goods Act 1979 - failure to supply of reasonable quality, fit for purpose and free of defects. This is a contractual breach and the remedy for breach of contract is to claim all damages that are a naturally occurring consequence. You absolutely will be able to claim compensation for the losses your have suffered and damage to your kitchen. The main starting point is have Morphy Richards confirmed there was a fault with the toaster?

Customer: replied 6 months ago.
Thanks for your reply. Morphy Richards sent a letter stating that they found a fault with the toaster and replaced it. As well as several emails to the insurance advisor acting on their behalf. How do I go ahead with a compensation claim
Expert:  Alex J. replied 6 months ago.

Hi, Thank you. The first port of call is to simply write to them and say how much loss you have suffered and ask them to confirm how they intend on paying it. If they refuse to pay it, you would have to consider suing them in the county court. If they have contacted their insurers and acknowledged the fault then I doubt they will be contesting this anyway. Have they arranged for the insurers to come and inspect the damage?

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