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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73871
Experience:  Qualified Solicitor
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We have purchased a kitchen from Homebase about 8 weeks ago

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Hi, we have purchased a kitchen from Homebase about 8 weeks ago and we believe we have been mis sold. We paid 16.5k for it and we have been told that the kitchen is timber and hand painted. However when the kitchen arrived we realised that it is not timber but chipboard and the paint has already started coming off the doors. We've been in touch with Homebase numerous times. At first they said they will complain to the kitchen supplier and get back to be but that didn't happen and now they are completely ignoring me.On top of that the kitchen did not arrived 1 week later some products never arrived and so we had to pay the builders their waited time and had to go hunting for some appliances.
JA: Where are you? It matters because laws vary by location.
Customer: We are in London
JA: What steps have you taken so far?
Customer: I emailed Homebase about 6 times. I also spoke with them on the phone
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, thank you

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.

Customer: replied 7 days ago.
sure

Can I just check if you have tried to contact the manufacturer at all? and given the circumstances, what are you ideally hoping for - so that I can best advise?

Customer: replied 7 days ago.
Thank you for picking this up
Customer: replied 7 days ago.
I haven't contacted the manufacturer.

OK thanks, ***** ***** are you ideally hoping for - so that I can best advise?

Ben Jones and other Law Specialists are ready to help you

Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query. First of all, I am sorry to hear about the issues you have experienced in your situation.

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.

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.