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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I enclose copy correspondence which should be self

Customer Question

I enclose copy correspondence which should be self explanatory: I believe my requests are justified and reasonable under the Sale of goods act. I look forward to receiving your comments.
27 Jun 16 Amazon UK Marketplace 00304000010018020 28 Jun 16 269.99
Amazon UK Marketplace (###) ###-####
Book Stores
Monday 27 June 2016 Card ending: 0017
Online/phone/mail order purchase
You will see above an extract from my Lloyds cc statement. This is for a lawnmower I purchased from Amazon. I have used this Lawnmower twice and it worked perfectly and I was very pleased with it. Now it won't start. I have checked the spark plug and fuel and oil levels and they are all ok. Here are the Amazon details:
Order ID:(###) ###-####1519544
Item: 18" BMC Lawn Racer Self Propelled Electric Push Button Start Lithium Ion Battery 4.5HP 4 Stroke Rotary Petrol Lawn Mower with 60L Grass Collection Bag, All Steel Deck, 4 in 1 Function Cut, Cut & Collect, Mulch, Side Discharge
Qty: 1
The supplier to Amazon is:
UK Home Shopping Ltd
UKHS House
Prospect Close
Lowmoor Business Park
Kirkby-in-Ashfield
Nottinghamshire
NG17 7LF
Their ref is Sale #553237.
Amazon expect me to disassemble the mower, drain it of all fluids, pack it all up, [I no longer have the packaging], and wait in all day for TNT to pick it up. This, I am not prepared to do. Apart from my being disabled, [hence the electric start], I think what they are asking is totally unreasonable.
Extract from e-mail from UK Home shopping:
Thank you for your email and letting me know
What I can do is get this collected for a inspection for you.
Parcels usually take 72 working hours to be returned to us and once received will go through the returns process which can take up to 7-10 working days.
As soon as I receive the paperwork I will contact you to let you know what the engineers have said.
Is this something you would like me to do for you?
Look forward hearing from you
Hope you have a great day.
Many thanks
Laura
E-mail from UKHS:
Hi Mr Grafton,
As you have sent this email to me I can only presume that you have been unable to get a satisfactory resolution from our Amazon team. If this is the case I am sorry however, I will certainly endeavour to help.
Thanks
Brian Numan
Sales/Customer Service Supervisor
UK Home Shopping LTD
Tel: 01623 413305
Fax: 01623 757585
Website: www.ukhs.tv
UKHS.tv Logo small (EMAIL)
And another:
Good morning
I can see that you have recently opened a return request for this item.
I can arrange for the mower to be collected for inspection and repair by our engineers.
Can you please let me know a convenient weekday to book the collection?
Then please drain the machine of all fuel and oil and write the following on a piece of paper and attach it to the box:
Return Ref – RMA2928
UK Home Shopping Ltd
UKHS House
Prospect Close
Lowmoor Business Park
Kirkby-in-Ashfield
Nottinghamshire
NG17 7LF
Please note TNT collect our parcels Monday to Friday between 07:30 and 18:00 but do not offer us specific or estimated collection times.
As soon as I hear from you I will book the collection which has to be done 24 hours in advance.
Once we receive the item back it will go through our returns process which can take between 7 and 10 working days.
Kind regards,
Rebekah
For Your Information: To help arbitrate disputes and preserve trust and safety, we retain all messages buyers and sellers send through Amazon.co.UK. This includes your response to the message below. For your protection we recommend that you only communicate with buyers and sellers using this method.
Important: Amazon's A-to-z Guarantee only covers third-party purchases paid for through our Amazon Payments system via our Shopping Cart or 1-Click. Our Guarantee does not cover any payments that occur off Amazon.co.UK including wire transfers, money orders, cash, check, or off-site credit card transactions.
What I want is to have the mower collected and either repaired or replaced at no further inconvenience to myself . It seems the only way I can achieve this is to take back my payment until I obtain satisfaction, which I think is my right.
Thank you in advance of whatever assistance you might give.
Yours faithfully,
James Grafton,
Reply from Lloyds:
Dear Mr Grafton
Transaction Details:AMAZON UK MARKETPLACE
Transaction Amounts: £269.99
Reference CCE-892426
Having reviewed the information you've provided, I'm sorry to tell you that I cannot help you for the following reasons:
Due to you using the goods then they became faulty.
Having reviewed this transaction under Section 75 liability, we are unable to consider your claim due to the merchant being a third party company.
If, however, you have any further information or documentation that may support your claim, please send this to us.
We always try to help wherever possible, but on this occasion I suggest that you continue to pursue the company to reach a satisfactory conclusion,
Yours sincerely
Submitted: 5 months ago.
Category: Law
Expert:  Jamie-Law replied 5 months ago.

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

Did you assemble the item when it arrived?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 2535
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 5 months ago.
I assembled it with the help of a neighbour.[Owing to my disability, I am unable to bend down].The neighbour did most of the work, but he has now gone away.My tel no. is 01608 684181
Expert:  Jamie-Law replied 5 months ago.

Apologies, I was in court. When would be good to call?

Customer: replied 5 months ago.
After 12.00 [midday] tomorrow, Thanks
Expert:  Jamie-Law replied 5 months ago.

OK - Can you remind me then please, as the system doesnt have an diary alarm?

Customer: replied 5 months ago.
I am not quite sure what I am meant to be reminding you about.I am now waiting for your phone call.
Customer: replied 5 months ago.
Jamie, I am waiting to hear from you. Why do you not phone?
Expert:  Jamie-Law replied 5 months ago.

Forgive me I got called into Court urgently.

When would be good to call this afternoon or this evening?

Customer: replied 5 months ago.
After 6.00 pm.
Expert:  Jamie-Law replied 5 months ago.

I tried to call and it comes up as engaged

Customer: replied 5 months ago.
You have not performed as advertised. Unless I get immediate satisfaction, I shall seek reimbursement.
Expert:  Jamie-Law replied 5 months ago.

I did try and call yesterday. I can today if you give me a time.

Customer: replied 5 months ago.
Any time, but asap
Expert:  Jamie-Law replied 5 months ago.

Thanks.

Expert:  Jamie-Law replied 5 months ago.

Goods must be as described, of suitable quality and fit for purpose under Consumer Rights Act 2015.

The card issuer is jointly liable under S.75 Consumer Credit Act 1974

You need to write 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?

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