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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71364
Experience:  Qualified Solicitor
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I had a home improvement on 9/10/18 with a guarantee of 15

Customer Question

I had a home improvement on 9/10/18 with a guarantee of 15 years in opening the door the handle brook of I call them out they put a new handle on and they send me a bill call out charge £60.00 new handle £75.00 vat £27.00
JA: Where are you? It matters because laws vary by location.
Customer: London n16 7la
JA: What steps have you taken so far?
Customer: nothing as I only got the bill today
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes I am 79 years old and they are saying that that it is not covered with guarantee
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 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 17 days ago.

Hi there. I am sorry to learn of the difficulty you are having with this. Have they provided you with details of what the guarantee actually covers?

Customer: replied 17 days ago.
it just says we undertake to replace free of charge any sunrise unit or product that develops a fault or repair where it is reasonable to do so
Customer: replied 17 days ago.
I don't want a live call as I can't afford it
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. 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 17 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.

If you have been given a guarantee that does not automatically mean that you will get any issues resolved free of charge. A guarantee is just a contractual perk offered by the supplier on their own terms and you need to check what these terms say about your rights if you are to rely on the guarantee. They could, for example, cover replacement parts but only pay for the parts and not the labour. So that is why you need to check exactly what the guarantee terms cover.

Even without a guarantee, when a private 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. 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.

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.moneyclaim.gov.uk/web/mcol/welcome

Expert:  Ben Jones replied 17 days ago.

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.