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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50518
Experience:  Qualified Solicitor
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A watch that I purchased on the 16 Nov 2017 for a Xmas

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A watch that I purchased on the 16 Nov 2017 for a Xmas present when we open the present it was not working we sent it back on the 28 Dec 2017 we got it back on the 6 Jan 2018 this was the same watch and it still did not work, we then sent it back and asked for a full refund and was told I cannot get a refund this cost £143.00 I paid for this by Paypal and they are looking in to it.
kind regards Richard
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 4 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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

Was this a private sale or a trade sale? Also, what reason has the seller provided for not wanting to refund you?

Customer: replied 4 months ago.
I got this from watch shop on line
They say it after the 30 days and they have the right to have it repaired

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 4 months ago.
Hi Ben
I don't want this to cost me any more
then I have paid kind regards Rochard

Hi there Richard, don’t worry you will not pay more, that was only for a phone call which is completely optional.

When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller (not against the manufacturer as they will only be responsible under a manufacturer’s warranty that came with the goods).

The rights against the seller are:

1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.

So they are correct that after 30 days from the date of purchase, you no longer have the automatic right to a refund and they can repair or replace the watch instead. However, if a repair has been carried out and is unsuccessful or they have replaced it with something that still does not work, you can then ask for a refund still.

Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if they fail to resolve this. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you

Thank you. If they refuse to successfully repair or replace this, or issue a refund if the above two do not work, you can consider pursuing them for compensation. This would be the value of the watch.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the compensation in question. 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 www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Customer: replied 4 months ago.
hi Ben
Sent email on Thursday morning to watch shop with all the info you sent to me
On Friday morning got. Full refund from them we are over the moon .
I am so glad and I have you to thank for what you have done for me so again thank you so very much
Kind regards Richard

Great news and glad to have been of help. All the best