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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75163
Experience:  Qualified Solicitor
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I bought a expandable 9 CT gold bangle in August 19 th 2001

Customer Question

Hi I bought a expandable 9 CT gold bangle in August 19 th 2001 .when my daughter took it out of the box it looked a bit out of shape but nothing sinister .she took it of and the next day she went to put in back and as she tried to tighten it it buckled .I phoned the company to explain and I sent it back either on the 23 24 of August .they are refusing to give me a refund as it is damaged but will give me a credit note or an exchange .which I don't want .please can you help Thank you Carole
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: No I live in Wales
JA: What steps have you taken so far?
Customer: I have just got off the phone from them and they are refusing to give me a refund .on my first email I was rushing to go to work and as they already had the bangle I just said it was a bit out of shape when I received it .
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
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.

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.

Expert:  Ben Jones replied 19 days ago.

Can I just check how you paid for the item?

Customer: replied 19 days ago.
I'm having trouble with getting a refund from a company on line called Fine Jewellery .please can you help ?
Expert:  Ben Jones replied 19 days ago.

Yes I understand. Please tell me how you paid for the item?

Expert:  Ben Jones replied 19 days ago.

and can I just check if you bought it online or in-store?

Customer: replied 19 days ago.

Yes I bought it on line

Customer: replied 19 days ago.

Hi yes I paid for it on line

Expert:  Ben Jones replied 19 days ago.

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.

Customer: replied 19 days ago.

I paid with my credit visa card

Expert:  Ben Jones replied 19 days ago.

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.

You said you made the purchase in 2001 but I presume you meant 2021? 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

Expert:  Ben Jones replied 18 days ago.

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.

Customer: replied 18 days ago.

Morning Ben thank you for your advice but they are not listening so IV decided to have a different braclet .Thanks Carole

Expert:  Ben Jones replied 18 days ago.

You are most welcome and hope that is an acceptable solution. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best