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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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In dispute with a trader over a new sofa which has developed

Resolved Question:

In dispute with a trader over a new sofa which has developed a fault within the right to reject 30 day consumer act 2015. Notified them of the fault on day 30 wanting to get a refund and they are saying they have the right to 1 repair and no refund even though it's within the 30 day law. Is this legal or can I get my refund by current law?
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

How did you pay or the sofa please?

Customer: replied 1 year ago.
163;200 deposit on Barclaycard and the rest on 2 years interest free credit from finance company.
Expert:  Jamie-Law replied 1 year ago.

Ok, under the Consumer Rights Act 2015 you can reject the goods if it is within 30 days. If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.

If you do not get satisfaction you can also complain to Barclaycard under S.75 of the Consumer Credit Act 1974.

You need to write (to the seller) and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I notified them of the fault exactly early morning on day 30 so still in the refund time required under law. Bearing this in mind just want to verify I'm within my rights to reject and ask for refund? I'm not over 30 days so I don't know how they are trying to force a repair on me saying this is my only option?
Expert:  Jamie-Law replied 1 year ago.

Yes you are entitled to a refund.

Does that clarify?

Customer: replied 1 year ago.
It does Jamie thank you so much for your advice.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Customer: replied 1 year ago.
No problem at all will do that now. Thank you again for your time.
Expert:  Jamie-Law replied 1 year ago.

All the very best.

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