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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71376
Experience:  Qualified Solicitor
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I brought a bed in July via Shpock. Payment was cash on

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Hi, I brought a bed in July via Shpock. Payment was cash on delivery. The bed is faulty and have been trying since July to resolve the issue with the buyer but have had no joy. How do I go about taking futher action?
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I am in Gloucester, UK but are not getting any help from anyone at present
JA: What steps have you taken so far?
Customer: We have been in contact via text. Iv had them agree to send a new bed out but weeks later was told they have been unable to as they have had no deliveries within our area. He then agreed to send replacement parts but weeks later still nothing. He then agreed to a partial refund but still nothing has happened
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that is everything

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.

Hi there. I am sorry to learn of the ongoing issue you have been having with this. What are you ideally hoping for given the circumstances, so that I can best advise?

Customer: replied 16 days ago.
Hi, the last contact I had with the seller we agreed a partial refund and I was gonna make do with a faulty bed as just been so fed up contacting seller and not getting anywhere.

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.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Can I check if this was bought from a private seller or a business one?

Customer: replied 16 days ago.
They are registered as The Online Bed Shop on Shpock but have only been dealing with one person. I believe he is an individual seller but has registered as a business on Shpock.

Thank you very much for clarifying. 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. 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.

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

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.

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