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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49806
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I own a machinery business and buy and sell lawnmowers. I

Customer Question

I own a machinery business and buy and sell lawnmowers. I sold a mower to a customer, he then said it didn't work so wanted a refund. he took out a court case. there was some confusion and the directors questionnaire didn't send via email from my computer but I hadn't realised and the next thing I heard was that judgement had been struck out... I was in talks with the court and they advised to pay the customer to amount before the 30 days to ensure that the company didn't get black marked. I liaised with the customer via email and he gave me his bank details to do a transfer. I did the transfer and emailed the customer to get his confirmation he received it, he confirmed it was received, I then asked him for a convenient time for us to come and collect the mower to which he replied, he doesn't need to give the mower back.... I'm totally confused by this, he didn't want to mower because in his eyes it didn't work so he wanted his money back, he has his money back and now wont return the mower. need some advice on where to go from here please
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long ago did this occur?

Customer: replied 1 year ago.
the court case was originally started January this year. but the payment made was on the 22/09/16 and the customer emailed yesterday saying he wasn't returning mower
Customer: replied 1 year ago.
I don't understand why I have to pay more when money has already been taken
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
ok thank you
Expert:  Ben Jones replied 1 year ago.

No problem at all

Expert:  Ben Jones replied 1 year ago.

You should have received the mower back – he can’t claim for it and get a refund, then also keep it – he is basically having his cake and eating it. The mower should have been returned to you so that you could have then decided what to do with it – you could have repaired it, sold it as spares, etc. Having issued a refund for the faulty item, the customer would no longer have been entitled to keep it, unless you had agreed otherwise.

So at this stage you can make that clear to them and request that arrangements are made for the item to be returned to you. Remind them that if they fail to do so then you reserve your rights to make a claim against them as well for the return of the mower, or at least its current value which means that if they fail to return it and you win, then they will be ordered to pay an amount to cover its value and overall they will end up with a lot less compensation that they did.

Unfortunately it may be a bit late to involve the current court in this as you should have made it a condition that the money will only be paid on return of the mower, so once you have paid all the money for the refund, you may have to start your own claim to recover the value of the mower back.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.