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JGM, Solicitor
Category: Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
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thank you for your help. here is a supplementary question.i

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thank you for your help. here is a supplementary question.i understand that the relevant legislation is the"consumer contracts cancellation and additional charges regulations of 2013" and that the fact that my plumber installed the thing may constitute "acceptance",which would obviate my right to return and refund .what is your view on this,please?how would it be best to proceed?the seller has a special telephone number for those wishing to return goods which have been installed.this raises the possibility ,in my mind,that they are quite used to this sort of circumstance,and have a prepared strategy in place. so i do not want to contact them until i have done all i can to prepare.(the solicitor who has been so helpful to me over the years has now retired,i learn this morning.)if this concern if mine went further,say to a small claims court,could you hazard an opinion about the probable outcome?my feeling is that such a court may be disposed to interpret the law with consumer interest as a this correct?and in this case, without imputing prejudice,would the law allow such a court sufficient latitude to find in my favour,on the basis of my having acted in good faith,as you indicated? thank you once more,brian mccoll.
Thank you for your question.
The consumer legislation to which you refer relates mainly to the return of goods from consumer to supplier where they have been ordered online or over the telephone. It does not relate to goods which are not satisfactory.
The relevant legislation for you is section 14 of the Sale of Goods Act 1979. That says that goods are to be of satisfactory quality. In your case the goods were not of satisfactory quality. It was probably not possible to know that until the goods were installed. In terms of the legislation you are entitled to reject unsatisfactory goods and claim your money back. Those are your "statutory rights".
The question for any court would be whether the seller is in breach of contract or not. In other words were the goods reasonably described? Were they fit for purpose? If the answer to those questions is no, then you have more than reasonable prospects of success in a court.
Happy to discuss further.
Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

thank you.i am feeling a little better about this.brian mccoll.

Apart from what I have said above, I meant to highlight the difference between the consumer regulations and the sale of goods legislation so that you are clear about this.The consumer regulations you referred relates to a situation where someone has ordered goods online, for example, receives the goods and simply does not want them and wishes to return them, there being no particular reason for this. The main purpose of this legislation is to allow the consumer to make an informed choice as to whether or not he or she likes or wants the goods. That is to place the consumer in the same position as he or she would have been in had he or she visited a shop. It provides the right to examine the goods before being committed to keeping them.On the other hand, the sale of goods legislation provides protection to the consumer and specifies, amongst other things, what the law is when the goods are not as described, are faulty, are unsatisfactory or the wrong quantity, to give just some examples.I hope that this clarifies the difference between the two pieces of legislation.
Customer: replied 3 years ago.

much obliged .i think i feel prepared to contact them now.should i retain the goods in order to prove poor quality?brian mccoll.

Yes, and take photos or a video as well to show why it's dangerous.
Customer: replied 3 years ago.

thank you jgm,for all your help.i will not trouble you again.

You're welcome.
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