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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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I bought a disability armchair for my husband in october, he

Customer Question

I bought a disability armchair for my husband in october, he has not been able to use it
I have continually been in e mail contact with the company to solve the problems to no avail, it cost £2900.oo can I take them to small claims court as they refuse to refund the cost?
Submitted: 4 years ago.
Category: Law
Expert:  Alex J. replied 4 years ago.

Thank you for your question and welcome.

My name is AJ and I will assist you.

The law in this circumstance is under the Sale of Goods Act 1979. S.14 says that there is an implied term that all goods must be reasonably fit for their purpose. If the goods are not fit for their purpose the seller is in breach of their obligations and liable to pay damages. In this circumstance as the chair is not fit for its purpose you have to give them a reasonable opportunity to replace it which you have done. If the chair cannot be used then it will have to be replaced and evidently £2,900 would be the cost of your replacement.‎
You can start a money claim online in the small claims court here. Before you do that I would suggest the following:
1. Write to them one more time and detail your complaint. Give them a deadline of 48 hours, and say if they do not respond with a proposal of how to resolve this quickly you reserve the right to take further action including court action;
2. I would then before making a court complaint go to your local Trading Standards branch and see if they can assist you‎ - if they can it will save you alot of time and hassle associated with court action.

Can I be of any further assistance?

Kind regards

Customer: replied 4 years ago.

thank you just one other thing they have send in an email they cannot refund

the money as it was delivered in good working order, is this correct?

Expert:  Alex J. replied 4 years ago.

Thank you.

No that is not correct, if the item does not work then they are obliged to either fix it, replace it or refund you.

As it was only purchased in October and he has been unable to use it by law it is not fit for its purpose, it is a piece of furniture and should be fit for purpose for at least 6 years.

Do you know what is wrong with it?

Kind regards

Customer: replied 4 years ago.

the chair is in working order, but you have the sensation of

being crushed when u rise and recline, 2 of their maintenance

guys have just called they agree with us they cannot rectify

the problem and there is nothing they can do they have spoken

privately to the company and been told to leave.

Expert:  Alex J. replied 4 years ago.

Thank you.

If it gives that feeling and causes discomfort it is not in working order.

When you write back to them say it is clearly not in working order and two of their engineers agreed. If they wont assist you then complain to Trading Standards - make sure you keep all correspondence in writing where possible and keep notes of any phone calls that are relevant.

I look forward to hearing from you.

Kind regards