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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70917
Experience:  Qualified Solicitor
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I purchased a professional camera bag from CVP a Pro Camera

Customer Question

I purchased a professional camera bag from CVP a Pro Camera specialist company. The bag is the model specifically recommended for the brand new JVC GY LS300 camera that I use.On the third use of the bag the shoulder strap snapped while I was walking through Victoria Station. The bag hit the concourse at an angle. The camera then failed part way through the shoot. To cut a long story shoot I have been dealing with CVP now forever 2 months trying to get a refund for the bag and compensation for the area which has ben expertly deed to be a right off as the repairr is the same price as a new camera. CVP have now said that I have to deal with the bag manufacture and not themselves to resolve the issue. I don't want to deal with the manufacturer as I may lose my consumer rights pursuing CVP.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have not spoken to a lawyer and live in the UK
JA: What steps have you taken so far?
Customer: Emails to CVP plus supplied photos of the damaged bag and damaged camera. It also turns out that a lens was also fatally damaged when the bag failed but was only discovered on a subsequent shoot.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thats it, does this costs anything? If so how much?
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 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 13 days ago.

Hi there. I am sorry to learn of the ongoing issue you are having with this. Please can you tell me what your specific question is so that I can best advise?

Customer: replied 13 days ago.
CVP have past on the details of the bag manufacturer Camrade and say I should pursue them for a refund on the bag and any camera damage. I think thy are trying to dodge a refund and compensation under UK consumer law. How do I play this? I have already emailed CVP to point out that my contract is with them and not Camrade but they have not replied.
Customer: replied 13 days ago.
Ok if this is going to costs £44 (and I did ask up front f there were any additional costs) I'll talk to my local high street lawyer. Can you please cancel my trial period.
Expert:  Ben Jones replied 13 days ago.

Don’t worry about the pop-up mentioning a phone call – this is an automatic offer made by the system giving you the opportunity to pay extra to discuss things over the phone. However it is entirely optional and we can continue in writing on here at no extra cost.

Expert:  Ben Jones replied 13 days ago.

In the meantime, please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

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 the legislation directly, please follow this link:

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

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- 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, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the goods do not meet any of the above criteria, the consumer’s 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 applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

Other remedies are also available under Section 19(11), which includes seeking damages, in the event that the non-conformity of the item to statutory expectations has caused you further damages or losses.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.gov.uk/make-money-claim

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 13 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.