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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 19735
Experience:  Solicitor
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I have problems with my new composite front door. It fits

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Hello, I have problems with my new composite front door. It fits badly and is not a genuine 'Solidor' brand that I expected. A senior Britelite salesman is visiting on Friday and I'd like to know my legal position on compensation. At present I have paid £700 deposit out of a total £3,150 bill.
JA: Where are you? It matters because laws vary by location.
Customer: Chelmsford CM2 9DA, UK
JA: What steps have you taken so far?
Customer: Emailed the company with photos and spoken to the senior manager
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, I don't think so

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Hopefully, we can get this resolved quickly.

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Customer: replied 9 days ago.
Thank you

The Consumer Rights Act 2015 states:

9 Goods to be of satisfactory quality

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

10 Goods to be fit for particular purpose

(1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.

(2)Subsection (3) also applies to a contract to supply goods if—

(a)the goods were previously sold by a credit-broker to the trader,

(b)in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments, and

(c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.

(3)The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.

11 Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

(2)If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.

(3)A supply of goods is not prevented from being a supply by description just because—

(a)the goods are exposed for supply, and

(b)they are selected by the consumer.

(4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

If you do want legal representation you can get a public access Barrister. They are far cheaper than going to a Solicitor direct. You can get a public access Barrister at: www.clerksroom.com

I hope that my reply helps.

Can I clarify anything for you about this today, please?

If you need anything further I am available for a follow up at no extra cost.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 9 days ago.
how do I proceed if the company demand the rest of the payment?

You can refuse - then you either issue proceedings or they do

I hope that helps

Customer: replied 9 days ago.
Am I entitled to record my conversation with the salesperson?

Only if you tell them in advance, but yes.

I hope that helps

Customer: replied 9 days ago.
Can you clarify 'set out my losses'? Would this include time spent on the complaint, upset caused or inconvenience?
Customer: replied 9 days ago.
Or the fact that the door arrived 4 months after their estimated delivery time?
Customer: replied 9 days ago.
Hello Jamie-Law, are you still there?

Yes, your losses. ITs breach of contract by misrepresnrration.

I hope that helps

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