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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 7419
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I bought a swimming pool that was delivered yesterday. On

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Hi, I bought a swimming pool that was delivered yesterday. On opening the box I see the liner has some damage. On contacting the retailer they first told me to contact the manufacturer. The when pressured accepted me sending the pictures and they have forwarded them onto the manufacturer. They are now saying they want a response from the manufacturers before telling me how they will resolve the issue. I need this pool for an event on Sunday! Am I within my rights to tell them that I want to know the course of action today otherwise I will reorder somewhere else and expect a full refund from them? I have offerred to drive (40-odd miles) to them to swap the liner for a replacement.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Uk. I ordered it on Monday for next day delivery, but they failed and it was delivered yesterday lunchtime
JA: What steps have you taken so far?
Customer: sent them photos and a couple of phne calls
JA: Anything else you want the lawyer to know before I connect you?
Customer: Thei is an email I am about to send them: Further to our recent conversation I understand that you have referred this to the manufacturer. I am a little confused as to why resolving the situation has any involvement of the manufacturer!The Consumer Rights Act 2015 state that the products must be of satisfactory quality, fit for purpose and as described. If they do not fit these three criteria then there is a claim under the Consumer Rights Act. My rights to claim under the Consumer Rights Act are against the retailer – the company that sold me the product – not the manufacturer. So I have to take my claim to the retailer – your company. I am entitled to a full refund or replacement.In this scenario I attempted to contact you within a few hours of having taken delivery (I call after you had closed yesterday 17.45) – as soon as I had opened the box and seen the damage. As I have mentioned each time I have spoken to you or other representatives of your company, I bought this specifically for an event I have on Sunday, so I need a speedy response. I am very happy to accept a replacement liner, and I have even offered to drive the old one back to you and swap it for a new one at my expense – both petrol and time.However, you responded that you have emailed the pictures to the manufacturer and needed to have a response from them first. When pressured you said that you would call them after lunch. I do not see the relevance of speaking to the manufacturer in resolving this issue with your customer? Perhaps you can explain?So, as I see it, to ensure that I have the pool for Sunday I need to either have your agreement today that I can collect a replacement liner or pool tomorrow, or I need to arrange for an alternative pool to be delivered in time for the weekend. In the latter scenario I will have to return this one to you for a full refund. I see that you have 10 available in stock on your website so there is no issue with stock levels.I hope that we can resolve this in a speedy and amicable manner.I await you response

Hi my name is***** am a solicitor and I am happy to help you today. Have you sent the letter that is set out in your question already?

Customer: replied 3 months ago.
Not yet!

Ok I was just checking the position, it is a very good letter !

You are right that you can ask them for a replacement or a refund. Your rights under the Consumer Rights Act are against the retailer. Whether they can get a replacement from the manufacturer is nothing to do with you. You do not have to wait for them to resolve this. You do need to tell them that you will claim the money back from the small claims court if they do not either replace or refund within a certain number of days. You can lodge a claim at www.moneyclaim.gov.uk.

If you have any further questions please do ask.

If I have answered your question I would be grateful if you would take the time to rate my answer, thank you and all the best.

Do you have any further questions about this?

Customer: replied 3 months ago.
Thank you Jenny, just wanted to be sure I was on solid ground before I sent it!

Good stuff you are on solid ground. I hope you sort it out soon!

I would be very grateful if you would take the time to rate my answer before leaving the site so that I can be credited for my time. Thank you and all the best.

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