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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50202
Experience:  Qualified Solicitor
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On the 12th September 2014, I purchased a watch to the value

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On the 12th September 2014, I purchased a watch to the value of £495.00, which carried a2 year guarantee. After acouple of months the watch stopped.I honestly never gave a thought to the guarantee thinking it was only the battery and got it replaced. The watch ran OK for a few weeks then stopped again. I took the watch back to the shop where the proprietor confirmed that the fault was not the battery. He warned me that by not bringing the watch to him in the first place and allowing another person to remove the casing had probably effected the guarantee. However he sent it away for repair and after a period of months was returned. After another 2 or 3 months the watch stopped again and was again returned for repair. Again it was at the manufacturers a considerable time.Again it was returned but after only a few weeks it stopped again and was returned to the shop.This was now the 8th sept 2015.I declined the offer to send the watch for repair a third time.I felt at this stage the watch could be cllassed as unfit for purpose and requested a full refund which was refused. Various correspondence has followed with the proprietors stating that the watch had water damage and it was not a waterproof watch (this was not pointed out at the sale) They ended by stating the watch is not faulty but has been misused.I have had one session with the local C.A.B. who have not been very encouraging. They have pointed out that the time lapse is not in my favour and the onus is on me to prove the watch has not been misused.They advise taking the watch to an independent watchmaker for a report as to the reasons for the watch needing repair and evidence of any misuse.I am now feeling very despondent and wonder whether I should carry on. I would appreciate your feedback.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. What are you hoping to achieve in the circumstances?
Customer: replied 2 years ago.
Iwould hope for a full refund. Do you think I have a chance of winning at a small claims court. What are your thoughts on the C.A.B's assessment? Are there any other options?.
Hello, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. 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. So under law your rights are really against the seller, not the manufacturer. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights: 1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed. I would agree with the advice received from CAB that you are too late to ask for a refund now. 2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. At this stage, if you are considering taking the matter further, it would be for you to prove that the watch was faulty, rather than misused. So again, I agree with CAB have said. As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. This is your basic legal position. I have more detailed advice for you in terms of the next steps you need to take to prepare for a possible claim and put some more pressure on the seller, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Many thanks for your rating. So whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 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 recover the debt. 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 Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.