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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I'm taking a small claims case against Everest over a door

Resolved Question:

Hi,
I'm taking a small claims case against Everest over a door they supplied to me in 2010 on the grounds that the original door and frame supplied along with a subsequent replacement fitted in2013 were not fit for purpose due to poor workmanship, materials or both. Everest have offered to replace the second door with another replacement, this will make it the third, but I have lost confidence in them and I'm now seeking a full refund
In addition I wish to allege that they are in breech of the contract I had with them as their customer support has been very poor resulting in my property being unsecure for many months at a time, and my being locked out of my own home on at least two occasions.
Could you please advice how legally I need to shape my presentation to court to illustrate the above points.
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.

Do you have details of the contract to hand? If so, please can you tell me what it says in relation to their guarantee and issues relating to product / manufacturing faults?

Customer: replied 1 year ago.
They grantee to repair or replace due to defective materials or labour as long as written co fir at ion is made within the 10 year guarantee period
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. You will have two sets of rights here – firstly under contract as per the guarantee you have and secondly under consumer protection legislation.

In terms of the guarantee you can only expect what the terms of the guarantee offer you and if that is a repair or replacement then you cannot ask for a refund under that. In terms of breach of contract, it may be difficult to argue it amounts to that but it could be negligence which is a separate tort. However, to be able to claim under that (or breach of contract) you would have to show that you had suffered losses. So if you were only inconvenienced and stressed about it all, you cannot make a claim, you must show actual losses.

As to your statutory rights, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. 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 are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

As you appear to be too late to reject the goods, you cannot ask for a refund now but you can still try and resolve this by contacting the seller and asking them for a repair or replacement with a further guarantee. A refund at this stage will only really be a possibility if a repair or replacement are no longer possible, such as the issues cannot be repaired or they no longer make these items or if numerous repairs/replacements have failed to resolve this. It is probably too early to argue that as you have only had two of these items, perhaps after the third one, assuming it fails too, you could be seeking a refund.

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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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