DSR help please.
Discussion
Evening Gents,
Bought a 2 post vehicle lift from a company over the phone last week, seen it advertised on ebay and phoned the company sounded good placed order had item fitted and am now severely disappointed with quality of item as well as finding it to be dangerous due to couple of faults.
Seller not playing ball, as I've asked for a refund as I don't see this product fit for purpose and not of satisfactory quality comparing to a similar priced product which I already own.
Sent a generic template letter requested refund via recorded delivery today, conversation with guy tells me that he won't play ball.
Where do I go from here?
Many thanks
Bought a 2 post vehicle lift from a company over the phone last week, seen it advertised on ebay and phoned the company sounded good placed order had item fitted and am now severely disappointed with quality of item as well as finding it to be dangerous due to couple of faults.
Seller not playing ball, as I've asked for a refund as I don't see this product fit for purpose and not of satisfactory quality comparing to a similar priced product which I already own.
Sent a generic template letter requested refund via recorded delivery today, conversation with guy tells me that he won't play ball.
Where do I go from here?
Many thanks
You have seven days from receipt of the goods to cancel the purchase (you do not need a reason to cancel). If you do not cancel within those after seven days, your position depends on the objective quality and suitability of the goods. Ultimately, if the seller will not co operate and you have a valid claim you will have to enforce that via a County Court. The claim is straightforward if you cancel within seven days of receipt, but may be less so if the issue is one of whether the goods are or are not OK. As to that, your post does not make clear what you say is wrong with the goods. If it's simply that they aren't quite what you wanted, that may possibly reflect the fact that they were cheap (if they were cheap), but you need to explain in more detail what is wrong with the goods if going down that route.
That is indeed correct. If you bought the lift in order, for example, to do home car maintenance, the DSR apply, but they don't apply if you bought it because, for example, you run a car repair business.
The statutory implied terms about quality and suitability will still apply if you purchase goods for your business unless those terms are excluded by the sale agreement. Liability for personal injury caused by the goods cannot be excluded.
The statutory implied terms about quality and suitability will still apply if you purchase goods for your business unless those terms are excluded by the sale agreement. Liability for personal injury caused by the goods cannot be excluded.
The only other thing to add is that the fact you want to cancel the purchase must be made in writing. Email's fine.
Another little ditty is that you also get your delivery costs refunded.
A further ditty is that unless the seller has made you aware of your legal right to cancel under the DSRs at the time of purchase, your time to cancel isn't 7 days any more, it is significantly extended - 60 without checking.
The best ditty of all is that if they haven't mentioned in these terms that should you cancel you are liable for the return shipping costs, then they also need to foot the bill for this too.
Finally, if/when the item is returned is disconnected in law to your refund. They have 30 days from your written cancellation to give you your refund, whether they collect it or not.
Another little ditty is that you also get your delivery costs refunded.
A further ditty is that unless the seller has made you aware of your legal right to cancel under the DSRs at the time of purchase, your time to cancel isn't 7 days any more, it is significantly extended - 60 without checking.
The best ditty of all is that if they haven't mentioned in these terms that should you cancel you are liable for the return shipping costs, then they also need to foot the bill for this too.
Finally, if/when the item is returned is disconnected in law to your refund. They have 30 days from your written cancellation to give you your refund, whether they collect it or not.
V8LM said:
As the OP is a trader of motor vehicles, wouldn't SOGA be the way forward?
Fast forward 6 months when this gets to a hearing - the OP has to argue fitness for purpose yada yada. Lots of time and pleadings.However, a claim under the DSRs for lack of a refund is not defendable. The defence would be struck out, or a short summary judgment hearing would get the OP judgment.
JustinP1 said:
Fast forward 6 months when this gets to a hearing - the OP has to argue fitness for purpose yada yada. Lots of time and pleadings.
However, a claim under the DSRs for lack of a refund is not defendable. The defence would be struck out, or a short summary judgment hearing would get the OP judgment.
True, but do DSR apply to business-to-business?However, a claim under the DSRs for lack of a refund is not defendable. The defence would be struck out, or a short summary judgment hearing would get the OP judgment.
V8LM said:
JustinP1 said:
Fast forward 6 months when this gets to a hearing - the OP has to argue fitness for purpose yada yada. Lots of time and pleadings.
However, a claim under the DSRs for lack of a refund is not defendable. The defence would be struck out, or a short summary judgment hearing would get the OP judgment.
True, but do DSR apply to business-to-business?However, a claim under the DSRs for lack of a refund is not defendable. The defence would be struck out, or a short summary judgment hearing would get the OP judgment.
If the OP has bought the item on behalf of his business then SOGA is the only way, if not, the DSRs are much more powerful for consumers.
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