Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is it under warranty please?
Customer: I did not take out extended warranty
Alex Watts : Is it under any warranty please?
Alex Watts : Potentially you have 6 years to bring a claim for breach of contract.
Alex Watts : You could yes ask for it to be repaired or replaced.
Alex Watts : You would be entitled for this under the Sale of goods Act
Alex Watts : can I clarify anything for you about this today please?
Alex Watts : So yes you are entitled to a repair or replacement.
Customer: How do I go about making a claim for breach of contract
Alex Watts :
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 recorded 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://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Customer: Would you have a draft copy of a letter that I can adapt to send please
Alex Watts :
Sadly I dont have a template. But if you write a letter I can review it for you
Alex Watts :
Does that help?
Customer: Thanks Alex
Customer: Alex, please review.
Customer: Ref No. ******
Customer: We purchased the machine in April 2013 from Currys (Alvis retail park Coventry). An independent engineer has examined the machine and declared it unusable due to a manufacturing defect on the lower concrete block. I forwarded the report onto your office and you agreed with the engineer. You have offered me the cost of the report, £59, and an additional £157 towards the cost of a new machine, which I have declined. I have since sought legal advice and been informed that under the sale of goods act and due to the machine only being 14 months old and unfit for purpose, I have the right to a full refund plus any costs I have incurred. That is to say £299 for the machine, £59 for the engineers report and £50 for the cost of a second hand machine I have had to purchase in order to launder my clothes. I hereby give you 14 days notice to settle this claim or I will issue proceedings in the County Court.
Alex Watts : Yes that is fine.
Alex Watts : I would only add that any costs in pursuing the claim will be added to it.
Alex Watts : Can I clarify anything else?
Customer: i think that's about it, many thanks for all your help. I will see how it goes.
Alex Watts : Great,
Alex Watts : If I could invite you to rate my answer before you go.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need more help please click reply