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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14783
Experience:  Senior Associate Solicitor
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I would like some advice please I bought glasses on the 4th

Customer Question

Hi I would like some advice please I bought glasses on the 4th August picked them up 2 weeks after when I put them on they was OK but as the day went on I felt them getting tighter took them of and put my old ones back on went back to i-care where I got the glasses from they put on the heat machine they was OK at that point as the couple of days whet on I found them unbearable to wear so toke them back and the same thing happened got no satisfaction still waiting for a reply from them.
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: England
JA: What steps have you taken so far?
Customer: I still waiting for a reply from the owner this as gone one for three all I want is for them to change the glasses but I see to be hitting a brick wall.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've told your self of what I done so far.
Submitted: 17 days ago.
Category: Law
Expert:  JimLawyer replied 17 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 17 days ago.

I presume you bought them from a business. It sounds like the glasses are not fit for purposes - you can ask for a refund or a replacement.

To summarise your rights, if you purchase from a business then you have rights under the Consumer Rights Act 2015, which states that the glasses have to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the glasses must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

If the glasses do not meet the above then you will be able to enforce your rights and sue for your money if the business refuses to give you the money back. The claim would not be against the manufacturer as they will only be responsible under their warranty which came with the glasses.

There is no protection against fair wear and tear, misuse or accidental damage or if you change your mind and no longer want the goods.

The rights against the seller are:

1. Reject the glasses and request a refund which must be done within 30 days of purchase or delivery.

2. Repair or replacement and this can be done within the first 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the glasses can still be rejected for a refund. If the repair would put you are considerable inconvenience - e.g. taking several weeks, or meaning you have to travel a long distance to them, then you can demand a refund. They are only allowed one chance at the repair - if that fails, you are due a refund.

You need to contact the dealer and advise them of which option you want to go through with. If they refuse then I would advise that you report them to Trading Standards (https://www.nationaltradingstandards.uk/contact/) and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.

Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute. I attach a template letter for you to use which will hopefully resolve the dispute.

Expert:  JimLawyer replied 17 days ago.

(insert their name and address) (insert date)

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute). The glasses are not fit for purpose, therefore I request a refund in the sum of £..........

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert date 14 calendar days).

Should court proceedings be necessary I will claim the court issue fee and statutory interest.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Expert:  JimLawyer replied 17 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 17 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim