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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70354
Experience:  Qualified Solicitor
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My son who has Aspergers syndrone, He bought a new cooker

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My son who has Aspergers syndrone, He bought a new cooker from Euronics from Dorchester 2 weeks ago. He had it working to start on the 1th July, using the hob. Then it packed up. It threw he trip switch off. After resetting it went again. He had
JA: Has your son talked to a lawyer about this? What country does your son live in? If different, what country does this legal question relate to?
Customer: He rang the Euronics 1st, they told him he had to call out the Housing assocition electrition. He tried to get an engineer out to fix the cooker. It was booked to arrive today between 8am to 1pm. They never arrived. My son rang back the engineer, now only to be told they will come next week. So nearly 3 weeks without being able to use the cooker. He's had it nearly 3 weeks.
JA: What steps have been taken so far?
Customer: The engineer did not come. Who can we see about it legally as the 28 days is approaching.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He lives in Wareham Dorset. Remembering he has Aspbergers and ADHD, He's not good for comunicating on the telephone. I am his mother. Nothing else to say.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

So just to clarify, the engineer has been arranged by the housing association or by Euronics?

Customer: replied 2 months ago.
my son John had to arrange himself the engineer to come out. Euronics told him to phone the warrenty company to arrange the engineer to come out.

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.

Customer: replied 2 months ago.
No thank you
Customer: replied 2 months ago.
I,m a penioner. His mother. I know it's difficult.

Many thanks for your patience. 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.

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 issues 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.

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