Hello Tony, under law you do have the right to a repair or replacement – the law is very clear about that. Whilst you have gone for repairs, the fact that you have had 3 of these already and they have not resolved the issue does mean that you can now go for a replacement instead. You cannot be expected to have continuous repairs when that does not resolve the issue. So if they refuse to offer a replacement and you have to go and get that elsewhere, you can pursue them for compensation for your losses for doing so.
Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.
Hi, drafting of letters would be a premium service so charged extra. I can send over a quote if you need me to
There should be plenty of places you an find a basic structure for the letter - it does not need to be in any specific legal speak, as long as you are clear with what you want and when you want that by, together with what you will do next if this remains unresolved. Just Google letter before action and adapt the contents to suit your particular circumstances
Hello Tony, there is nothing stopping you from contacting head office - looking a their site they state that any complaints should be raised through your local store but you can also contact them by email via***@******.***
As to your rights, as mentioned you have the right to get a repair or replacement. If you have had repairs which have been unsuccessful and it appears that these will not fix the issue then yes, you can opt for a replacement instead.
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Hi yes I can help to an extent. Let's see what happens next week first then you can get back to me and we can see what to do next
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