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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50212
Experience:  Qualified Solicitor
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I am in the process of having to renew my stainless steel

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I am in the process of having to renew my stainless steel sink, because of serious marks that indicated metal erosion or deterioration, finally a small hole developed.
This meant having to collect the water droplets in a basin under the sink. Both the supplier of the Park Home in which I live, disclaim any responsibility, being out warranty.
Likewise the insurance company claim they will only act if it is Accidental Damage,
It is my conclusion that this failure is poor material used in the making. I finally contacted the manufacturers, who claim it is more or less my fault for using the modern day cleaning products in the market place.
It would be necessary for you to read the E/M's. What legally can I do, to recover the cost.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Where did you get the sink from was it a purchase you made from a retailer?

Customer: replied 1 year ago.
No it was part of the Park Home I purchased in 2012, ie the sink being situated in the kitchen, hence it is only 4 years in my use.
I believe 5years from new. For stainless steel to erode in this time is faulty material.

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. You bought the home as a whole so anything in it would be covered as well.

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 in this case you can only pursue the seller.

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.

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.

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 steps you can follow should the matter remain unresolved, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Thank you for your comments, they are helpful and I will deal with the supplier accordingly.
But I must mention the message I sent before this asking that the payment of £38 was o be a one off, and not this amount per month, and made it plain for the proceedings to stop. I appreciate your answer, all I wanted was some guidance at minimum cost. As a pensioner I could not go into a drawn out costly affair. I hope you can accept this, and draw things to a close. Thank You John Cook

Hi I do not deal with membership queries unfortunately but if you want to ensure that you are not on a subscription then please check My Account section where you can make changes to the plan or just go to the Help section and there should be a Contact Us option where you can get hold of customer services.

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