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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18790
Experience:  Solicitor
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I have been cheated with wrong product with manufacturing

Customer Question

i have been cheated with wrong product with manufacturing faults Now, no one responding for their side
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: I have called them so amny times earlier they were responding but now they stop taking my calls
JA: Anything else you want the Lawyer to know before I connect you?
Customer: it been 15 days now and we are in middle of now where
Submitted: 20 days ago.
Category: Law
Expert:  Jamie-Law replied 20 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 20 days ago.

You need to write a letter, set out your losses and request a refund or compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Under the Consumer Rights Act goods must be:

1) as described

2) of suitable quality

3) fit for purpose

9 Goods to be of satisfactory quality

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

10 Goods to be fit for particular purpose

(1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.

(2)Subsection (3) also applies to a contract to supply goods if—

(a)the goods were previously sold by a credit-broker to the trader,

(b)in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments, and

(c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.

11 Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

(2)If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.

(3)A supply of goods is not prevented from being a supply by description just because—

(a)the goods are exposed for supply, and

(b)they are selected by the consumer.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

Expert:  Jamie-Law replied 20 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 20 days ago.
I order the goods online and payment made in cash only £50 was wire transferred. I don’t have their address to send letter. I have their Facebook’s marketplaces details.
Please suggest how to proceed with this.
Expert:  Jamie-Law replied 19 days ago.

Ah, you need to report to the Police.

https://www.actionfraud.police.uk/

Does that clarify?