Faulty Cooker - Sold by a shop with warranty

[Chris D]

Hi everyone! I was wondering if you could help.

I bought a used cooker from a small shop who included a 3 month warranty. I went to the shop to collect it, had a quick look and it seemed ok, the guy wrapped it up and I took it home.

After unwrapping it at home, I noticed that one of the igniters was missing (the bit on the hob that sparks to light the gas). I could not see this in the shop since that part was covered up by the caps that sit on top. I immediately took a photo of this and sent it to him. His response was good, he apologised and said he would repair it.

I had heard no more from him so after 11 days I asked him when he would come. His response is now that he is short staffed and he's too busy. He's refusing to give me a date when he can repair it. I offered to return it to the shop for a refund instead, he declined saying they don't offer refunds. I gave him until the end of the week to give me a date (this is 15 days after he first agreed to repair it). He didn't get in touch so I chased him again, he just said sorry he's too busy.

I believe I have been more than reasonable in offering to return it for a refund if he is unable to repair, so now wish to take this further.


If this was a new cooker I realise that I'd be within my right to start legal action, but I'm unsure since it's a used one if I still have the same right?

I also don't know if the shop is a registered entity or if he is a sole trader, so I'm not sure who to address the action to?

[des8]

Used or new you have the protection of Consumer Rights Act 2015, and can reject goods which are unsatisfactory.
You should write signed for telling him you are rejecting the goods as unsatisfactory.
Explain fault and tell him he is to collect the goods at no cost to yourself, and make a full refund.
Warn him he has 2 weeks to comply, and failure will allow you to initiate a county court claim

[Chris D]

Thanks!

How can I tell who to address the letter to? On my receipt there is just a shop address. I don't know if it's a registered entity or if he's a sole trader?

[des8]

If there are no company details on the receipt you should assume he is a sole trader, so address it to him personally.
If it is a limited company all sorts of details should be on the receipt, and not being there could be a serious matter for him

[Chris D]

It doesn't seem like it's a limited company, can't find anything on Companies House.

Is there a template LBA letter I can use for this or should I just write something simple with the facts and dates etc?

[des8]

Keep it simple.... templates aren't always the best way to go
All you need is to say that you bought such an item at such a price on dd mm yy
As you advised in email /phone the item was faulty
You have given him many opportunities to repair the item but he has, after prevaricating, failed to do so.
So you are now rejecting item, require him to collect it and refund the purchase price as per your rights under the Consumer Rights Act 2015.
If he fails to comply within 14 days you will initiate a county court claim without further reference to him

[Chris D]

Brilliant, thanks for your help

[EnglandPi]

Did you actually get a reciept? can you find it? is there a name on it? Was he wearing a cowboy hat?

[des8]

Did you actually get a reciept? can you find it? is there a name on it? Was he wearing a cowboy hat?

post 3 "? On my receipt there is just a shop address"

[Chris D]

Did you actually get a reciept? can you find it? is there a name on it? Was he wearing a cowboy hat?

As Des pointed out, yes I did and no he wasn't.

UPDATE: I've gone through the process, he didn't respond to claim so I have had a judgement by default issued.

Next question here:
https://legalbeagles.info/forums/for...ting-a-warrant