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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70200
Experience:  Qualified Solicitor
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Brought a new cooker online from Curry’s item unpacked and

Customer Question

Brought a new cooker online from Curry’s item unpacked and used, found it not to our liking as problems with cooking, engineer visited found nothing wrong, now Curry’s will not take it back. What’s my legal rights
JA: Where are you? It matters because laws vary by location.
Customer: norfolk, england
JA: What steps have you taken so far?
Customer: told curry’s problem, had a visit from hotpoint engineer, but they say as their is nothing wrong with item they won’t take it back.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: item advertised on line as 600cm wide, its only 595 which does not fit it space allocated in new kitchen, advert says it’s a fan oven, but until you start using it fan goes off and on, not given this info until received manual with delivery
Submitted: 8 days ago.
Category: Law
Expert:  Ben Jones replied 8 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 8 days ago.

When did you buy it? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Expert:  Ben Jones replied 7 days ago.

Hello, I am not sure if you saw my query above:

When did you buy it?

Expert:  Ben Jones replied 6 days ago.

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query.

When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to it directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Act states that 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, or if you simply 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. The seller is given one opportunity to provide a satisfactory 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.

The following are the relevant links:

Trading Standards: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

The County Court: https://www.gov.uk/make-money-claim

Does this answer your query?

Expert:  Ben Jones replied 6 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you