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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I ordered a mirrored chest of drawers. One of the drawers

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i ordered a mirrored chest of drawers. One of the drawers had a crack. The seller could not replace it so I asked for a refund. The seller is refusing to collect as I have discarded the packaging and now the seller is saying that its not safe to transit back and I am liable if more damage occurs. Is this correct? thanks
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Nicola

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

You can and should insist they take the item back at their cost - if you simply changed your mind about the item then you would have to pay the cost for return postage - that does not apply here as the item was faulty. I attach a template letter for you to use. I would give them 7 days to reply and if no reply then send them a letter before action (also attached) and start a claim after 14 days at http://www.moneyclaim.gov.uk for your money back.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

Customer: replied 9 days ago.
Hi but the issue it that it is a glass chest of drawers. The supplier will collect from me, however because I have thrown out the protective packaging, the supplier states the item is likely to be damaged further during return transit which I would be liable for further damage (because I didn’t keep the packaging) please advise

They need to arrange for the return of the item - the consumer law states this - which means when they collect the item then need to bring packaging with them. They are trying to fob you off and suggesting the consumer law doesn't apply to them - you should report them to Trading Standards on 03454 040506 if the company maintains their stance

Customer: replied 9 days ago.
Ok thanks, so just one final question before I give you a 5 star rating. So the fact that I threw away the packaging is irrelevant? And I cannot be held liable if any further damages arise during the return transit because the item was not packaged correctly? thanks again

Yes, the law states that you should not be charged (for a faulty item) to be returned so it would be against the law to charge you. It is up to them to retrieve their faulty goods and they cannot pass the risk on to you either

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5515
Experience: Senior Associate Solicitor
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