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Hello, I’m Ben, a UK lawyer and will be dealing with your case today.
Whilst the customer has decided to return the items, they cannot do so, especially not under the legislation they have quoted. You can return the bracelet to them, making it clear that the Regulations only apply to sales between a trader and a consumer. You are not a trader because you are not acting in the course of a business, trade or profession and therefore do not meet the criteria under Reg. 4 so this legislation is not applicable.
Does this answer your query?
It is not illegal for him to have sent the items back, he can do it if he wanted to. But you can now send it back to him – the only issue is if he refuses to accept it and it gets returned to you. It would then be for you to decide whether to keep trying or just stand back and do nothing and let him claim.
If he did claim then each side does indeed pay their own costs. You do not need to incur any – you do not need a lawyer and can keep costs down.
For an £800 claim it would be a £60 claim fee and if you defend the claim and it goes to a hearing, an £80 hearing fee, so £140 in total as potential liabilities.
And yes you can always start new questions requesting me personally if needed. Thank you.
yes that is correct
Thank you. What do you specifically want to know about this, please?
but you are a private seller, right?
The 14 day rule for distance sales only applies if you are a trader, someone selling I the course of a business – it does not apply to private sales
No, you do not – he is relying on the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Yu have to be a trader for the automatic right to a return to apply. You can see the definition here and you are not one:
yes you will get a notification that a claim has been issued
you may indeed come back to me again if needed but please post a new question every few days as we can't keep it all under one thread, thanks
yes, as long as you actually need help each time you post a question - no need to post them unless you have further queries, thank you