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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 785
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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What can you do to assist me

This answer was rated:

What can you do to assist me

Hello, thank you for requesting my help. Sadly, I cannot see your feed so I am not sure what the issue is and I will need you to outline it for me in order to assists. If you still have a previous copy then you can simply copy and paste.

Customer: replied 3 days ago.
Ok l purchased a mattress in feb this year it developed a fault so l reported it 23rd nov.had a calliut two days later the guy took a few photos and measurements within 36 hours l got an e mail sayiny there wasn't a manufacture fault and l was charged £45 callout charge
Customer: replied 3 days ago.
If l am successful will they pay your fee
Customer: replied 3 days ago.
Ok what can you do for me to resolve this problem

I am afraid I would not be able to assist you in this matter as we are only allowed to provide advice on this website. I would be grateful if you could rate the advice I have provided you with. You will find a local solicitor from the web link I provided you with.

Customer: replied 3 days ago.
Hiw long will you be in giving me a solution

I have already answered this on our previous feed, I state the following;

You will be relying on the laws of the Consumer Rights Act (CRA) in this matter. Firstly, as you are still in warranty then they should be fixing this for you. However, in relation to the CRA, you still have some statutory rights. If an item is no longer suitable for use then you can ask the supplier to repair or replace the item. However, as you have had it for a period of more than 6 months, the onus is one you to prove that the fault lies with the manufacturer. This can prove difficult. However, the first step of action I would recommend would be to contract the manufacturer and state that you have rights under the CRA and ask them to replace the item, additionally, I would continue to argue that you are still within warranty. If you do not get a resolution then you could raise action against them and I would make them very aware of this. However I as I stated above, you will have to show that it is the manufacturer's fault that the mattress is no longer suitable and this can be quite difficult. I would continue to purse that matter till exhaustion and hopefully knowing your rights you will be able to obtain a positive resolution.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Ross Miller and 2 other Law Specialists are ready to help you