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;
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?
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