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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59762
Experience:  Qualified Solicitor
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Recently my partner has returned home from Singleton

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Recently my partner has returned home from Singleton hospital due to a progressive bone cancer diagnosis in which the doctors have agreed to allow her to be home so she is as comfortable as possible. Due to the nature of the illness she can’t do stairs so we’ve moved the bedroom downstairs As there is a toilet on the ground floor I financed a shower unit for her use as we had room a utility room next to the kitchen. It’s turned into an ordeal from the beginning as the courier damaged the the top and bottom of the shower unit on delivery which delayed the installation. We live in the middle of the countryside in wales and it’s very difficult to get an electrician, plumber and carpenter booked so we had to cancel the two days and also pay for the cancellation. The damaged bits where delivered a week later and I was able to rebook the installers thankfully. Their where also bits missing that had to be shipped out so the installers had to return to finish the job the next week and now the the shower is leaking via the rubber tape that was provided by the manufacturer ... the sealant tape is actually sucking up the water and turning into a wet puddy...thank heavens the shower unit is not upstairs ... (I have taken pictures and video of all the issues which I had to submit to the company Victoria Plumbing and Insignia the manufacturer) as the shower unit is not fit for purpose I want to return it or for them to fix it plus to cover my installation costs which presently they are saying they are not liable to do. Hence forth me messaging yourselves...what can I do. I have also just received my finance notice last week saying that I have 14 days to cancel my finance if I wanted. I just want the shower to be fixed and to be compensated for what wasn’t my doing. Truly some advice would be ever helpful as this is the last thing that myself and family need to be dealing due to our huge change in life circumstances.
Assistant: What steps have you taken so far?
Customer: Please see the above message:)
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not presently

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

When did you order/purchase the shower and also, was it online or in-store?

Customer: replied 3 months ago.
Hi Ben, thanks for your quick reply. I ordered the shower on the 26th of April 2019 and it was online.

No problem at all and thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience and apologies for not being able tom reply sooner. 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. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods. Do note, however, that 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.

The rights against the seller are:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and 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 that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the goods were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

Once a decision has been made on which option you would pursue, 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 statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the County Court to seek compensation.

Does this answer your query?

Customer: replied 3 months ago.
Afternoon greetings, ah yeas...Thanks ever so much Ben. That’s perfect. Ok, should I contact them directly again or will I need someone to do it in my behalf??

You can do everything yourself, you do not have to use anyone unless you wanted to – the decision is entirely yours

Customer: replied 3 months ago.
That’s great. I shall proceed. Thankyou again for your time and patience.

No worries and all the best

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