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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 11297
Experience:  Senior Associate Solicitor
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Someone sold a dishwasher with a faulty pump on shpock, the

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Someone sold a dishwasher with a faulty pump on shpock, the person sells various things, when informed him he said he will come and have a look, but never did after many false promises. We asked him for money. He refused saying it was his brother who sold it and gave his number instead. We said, ok give us your brother’s number. He refused and said find it your self. Ales many excuses. I said I’ll have to use the law and he said, law can’t do shite.Is there something we can do about his arrogant person?

Hi, this is Jim, thank you very much for the question - I will do my best to resolve this for you today.

If the seller is a private individual and not a business, you have fewer rights but he still needs to accurately describe the dishwasher in the advertisement. If not then he should not have sold it to you, as to do so is breach of contract. If he is operating as a business, you have stronger rights - you are covered by the Consumer Rights Act 2015. The law states the item must be as described, fit for purpose, and free from defects. If not then you can demand your money back - within 30 days. It sounds almost like a scam here though as he told you someone related to him sold it - you should send the seller a letter before action, see attached - give them 14 days to refund you. If they refuse, or do not reply, start the claim at http://www.moneyclaim.gov.uk

The small claim process is very easy and no lawyer is required. You should sue for the cost of the washer and the court issue fee is added on top. There are a variety of enforcement methods you can avail of when you obtain the court judgment if the seller still doesn't pay up. These include bailiff enforcement, bank account freeze, summons to court for questioning and more.

I hope this helps - please feel free to ask me anything else.

Have a good day,
Jim

JimLawyer and 2 other Property Law Specialists are ready to help you
Customer: replied 12 days ago.
Thank you
Customer: replied 11 days ago.
Hello JimI saw the letter link which you sent me and found this in it:“...
(use if seller is a private individual). You sold a new product and I fully expected it to be free from defects...”It wasn’t a new dishwasher but he sells items on shpock. We couldn’t expect it because it was in his garage where he keeps stuff. It wasn’t connected inside his house because covid 19 issues going on. He did say it’s working if you get a problem I’ll come down and fix it... but he never did...Under this, can we still sue him?

Hi there, yes, the law applies to both new and used products so you are fine to continue.