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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75108
Experience:  Qualified Solicitor
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I have a gold necklace bought just under five years ago.

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I have a gold necklace bought just under five years ago. Cost £1100 . It has been repaired once because one of the links snapped. It has happened again . I believe it may because the clasp is too heavy and has always fallen to the front. The company are offering to repair it as as a good will gesture but I am worried the same thing will happen and if it does I may lose it
JA: Where are you? It matters because laws vary by location.
Customer: North manchester
JA: What steps have you taken so far?
Customer: Taken it back to the retailer. They will repair the link
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

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.

What is your specific question in relation to this please, so that I can best advise?

Customer: replied 17 days ago.
Am I entitled to a refund or replacement

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. 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. 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. 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.

Your argument would therefore be that a repair has already been attempted and it has been unsuccessful, therefore, you now have the right to request a refund, or if you would prefer – a replacement.

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

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you for your advice. The retailer refuses to replace or refund . I am now going through the small claims court.what are my chances of being successful

Unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitably certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have. Hope this explains things for you