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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I recently purchased a new hot tub in February but have had

Customer Question

I recently purchased a new hot tub in February but have had a number of problems with it in terms of the sale, and despite many chances to resolve the issue, I still have a hot tub without a suitable hood, which neither fits or can I use the hood lifter as the last replacement hood will not pass the surround. I was told last on 22nd May that new stock would be coming in on 8th June and they would be in touch to arrange the install. I had sent an email asking for a formalised steps to what I wanted should the new lid be still unsatisfactory. Of which the points were not addressed or answered just told they would be in touch to replace the lid. I have purchased the tub on finance and hope this may give me more options. I am completed unsatisfied with the situation to which they misled me telling me that the experience would be problem free and they would take care of everything. What are my options some 4 months in.
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Have you contacted the finance company at all about this?

Customer: replied 3 months ago.
No not yet, I have tried to resolve all issues with the hot tub company direct. The finance was organised by the hot tub company although it is not with them. I was not sure how long and how many more opportunities I had to give them to resolve the matter. They told me they had new stock of hoods coming in on the 8th June and would be in touch to arrange an install. But they can just turn up and change it, so with this in mind I was not sure how long I needed to wait although they did not respond and answer all the queries in my email. They have not been difficult just have not done as promised. I only purchased it at the price they were offering for a completely trouble and hassle free service and it has been far from that, I am not using the hot tub as it is not easy to do as you have to put the lid on the floor where it would get dirty therefore making the water dirty in the tub. At the moment it is an expensive item.
Expert:  Ben Jones replied 3 months ago.

OK, thank you for your response. I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 3 months ago.

When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller (not against the manufacturer as they will only be responsible under a manufacturer’s warranty that came with the goods). When you have bought something on finance the seller is actually the finance company, not the shop/retailer. 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.

The rights against the seller are:

1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.

Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow in the event that they do not resolve this amicably. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 3 months ago.
Hi your not really telling something that I did not already know. we are 4 months into the original provision of the tub which we have been through many issues which took beyond the 30 days, I was not necessarily looking to have to take action then as I was hopeful this would be resolved fairly quickly. They have not been difficult, they just have not provided the service or experience promised which is why I paid the price I did. it was a complete service and included all elements which in the most part they have eventually done, although over many many weeks. I was specific in my last email to them which they really just dismissed which is the first time I have felt that I may have to take this somewhere to resolve. Having an item like this and being at disputed terms does not help for an ongoing relationship. I had explained the reason I changed my old tub was lack of knowledge of how it worked and support and service of a new one for any help, advise and problems. I do not feel I have any of this, I had planned to take out the cover from this company for service and maintenance which I am now not sure I can. This puts me in a awkward and difficult position, based on the position I am now in I would never have made the purchase and not from this company. All this was known at the time of purchase.However the tub is not faulty and I am over 30 days after purchase, the lid if not fit for purpose however I was not just buying the tub but the aftercare and help and confidence. Which I do not and looks like I wont be able to get now, so I have been completely mis-led and mis-sold.
Expert:  Ben Jones replied 3 months ago.

Hi, I appreciate you may not the above already but that is the legal position, whether you know it or not. The issue is that whatever the problem is, if they are not offering you the service or aftercare you had hoped for, you cannot force them to do any different. In the end, if you are unable to resolve matters amicably with them you will simply be seeking compensation for getting a replacement product or for being left with something which is not fit for purpose. You have rights but you cannot force the company to adhere to the laws, only seek compensation if that does not happen. So as mentioned I would be happy to discuss the next steps if needed

Expert:  Ben Jones replied 3 months ago.

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 quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 2 months ago.
Ben for some reason I have not been able to see or reply to your posts It seems to be working again now..So I have further contacted the company who have asked to contact their installations manager who I have had no reply from...I would like to send an email and registered letter re-stating what I want to happen to remedy the situation. As I purchased the goods in interest free credit do I benefit from section 75?, also can I contact the finance company to take my cause up with them. As essentially the product I purchased is not what I have ended up with and they have agreed that the hood I have is not fit for purpose. what is my best approach, can I return the item for a full refund? They know that in the current condition I can not use the hot tub. I asked for a hood that fitted, or one that allowed me to use the tub whilst either a custom one was made, either being purchased by myself or them, but them footing the bill. They had agreed last that new hoods were coming in on the 8th June and would contact me, but never have, I had to contact them. I was told to contact the installations manager which I have and heard nothing from. Since they have never supplied the tub is the correct and had acknowledged this from the delivery surely having given over 4 months to sort this with a number of lids being tried which they have agreed are no better, what are my options and what can I do?
Expert:  Ben Jones replied 2 months ago.

section 75 applies if you make a purchase on a credit card. However, if you bought the goods through finance, then it is the finance provider that is actually the seller from a legal perspective, not the shop/retailer. So if you are to ask for a refund, repair or replacement you will be pursuing them. Your options are still as mentioned earlier - reject for a refund or ask for a replacement.

As mentioned, please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow in the event that they do not resolve this amicably. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 months ago.
who do i write a sign for delivered letter to? And what do i state in it, that has not already been said. They have not remedied the situation in 4 and a half months. I contacted them again after i hears nothing from their installation manager and they said they would soeak to him this afternoon but had no reply or follow up. So i now wish to seek a remedy to this. What are my next steps please?
Expert:  Ben Jones replied 2 months ago.

You need to approach the finance company about this because as mentioned they are legally the seller and your rights are against them. You need to mention your rights under the Consumer Rights Act 2015 and state your preferred outcome, such as refund or replacement.

If this is not resolved you will have to consider pursuing them for compensation, such as a reduction in purchase price. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Customer: replied 2 months ago.
Ben I approached the finance company as you suggested and they tell me all they can do is ask for the hot tub company to fulfil the order. I said I didn't follow as, as far as I was concerned they were the seller they said all they had provided was an unsecure finance loan. What am I missing?
Expert:  Ben Jones replied 2 months ago.

Sometimes they may not be willing to acknowledge exactly what their liability is or they may simply not be aware of the legal position. You just have to persevere with them and if they still refuse to admit liability, you can only take them to court to proceed further