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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
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I purchased a hot tub on finance in November last year. The

Resolved Question:

Hi there
I purchased a hot tub on finance in November last year. The hot tub is faulty but I've been made to wait until August 2016 for a replacement. Am I entitled to a refund for the 10 monthly direct debits I've paid without use of my hot tub?
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.

Have you contacted the finance company regarding the fault?

Customer: replied 1 year ago.
No, not yet!
Customer: replied 1 year ago.
The hot tub company have offered to deliver a new one in August but should I have been still charged for those 10 months when it was faulty?
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions 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. I will explain your general rights first. 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 you receive them;

· as described – they must match any description given to you 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, you will have certain legal remedies against the seller. Your 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 you change your mind and no longer want the goods.

If the goods do not meet the criteria mentioned above, you 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 you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

Now the fact that you had no working hot tub for this period does not mean that you did not have to pay for the finance you took out on it. You are still paying for the purchase of the hot tub in general – the purchase price, it is not a rental fee. So even if you wanted to have those fees refunded, when the replacement is provided you will still have to pay them from scratch because you would be expected to pay for the purchase of the hot tub. So overall you would be paying the same price whether you get these fees refunded or not. In the circumstances you may as well leave the payments as they are as you would have already been paying off part of the total price and you will pay it off sooner that way, rather than have to start again and delay the repayment period.

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

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