Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
When did you buy the chair?
Thanks leave it with me please I will reply this afternoon.
Many thanks for your patience. 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 (or delivery if it was delivered at a later date).
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.
A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet 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 fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.
If there is still time to reject the goods and request a refund, you may do so. If you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if they refuse to resolve this and you want to get your money back, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
My apologies. I sent you the above reply by accident. I am in court today but I will look into this and get back to you as soon as I can. Thank you
Hi there, if they reject a refund then you can seek compensation for the amount of the chair or the difference of a replacement one.
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.
Does this answer our query? Please remember to leave your rating as it otherwise does not recognise the time I have spent assisting you, thank you
Hi there happy to answer follow up queries if you could please leave your rating for the responses so far, thanks
Thank you. If they refuse to issue a full refund and continue only offering you a partial refund or a repair then you will have to consider taking this further as explained above. You cannot force them to negotiate or offer you a refund voluntarily so if that is not possible you may have to seek further redress through the steps mentioned above - these would be your only options in the circumstances
OK so you are taking the right steps, as mentioned you can try all of this now but if they refuse to resolve this then your only option is to take the matter to the small claims court and hopefully the closer you get to issuing a claim the more they may consider resolving this rather than have to sped time and resources defending a claim
Great news, glad it has been resolved to your satisfaction