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Consumer rights - product not fit for purpose dispute

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  • #1

    Consumer rights - product not fit for purpose dispute

    Hello all, hope everyone is well

    i have a query regarding a timber fence post which I deem not fit for purpose.

    The post was delivered around 4 weeks ago and when the post was delivered it was absolutely saturated, clearly been left sitting in a puddle of water.

    I thought it would be fine as it’s listed as being treated - so I installed the post however now that the post is drying out it is flaking away considerably and falling apart.

    I contacted the retailer asking for a replacement however have been advised that because the post has been installed it cannot be returned.

    are they correct or is the consumer rights act regarding product not being fit for purpose and concerns around its longevity on my side ?

    thank you for any replies / advice
    James
    Tags: None
  • #2
    You have the short term right to reject for a refund. You must exercise that rightwithin 30 days of taking delivery of the item.

    How did you pay?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment

    • #3
      Thank you for the reply.
      unfortunate it’s been 49 days since the delivery.
      I paid via PayPal.

      appreciate your time.

      Comment

      • #4
        That's more than 4 weeks!

        You have thecright to repair or replacement - 6 months from delivery.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560
        • 1 thank

        Comment

        • #5
          It's irrelevant as to whether the timber could be returned in its original state or not, that doesn't prevent you from exercising consumer rights. If we applied their logic, there would be no consumer rights to enforce!

          Your argument here is that the timber is both not of satisfactory quality (damaged product full of water) or fit for purpose (flaking away after 49 days). I think a stronger letter setting out your consumer rights would be appropriate.

          If they then refuse then you could treat the contract as repudiated (serious breach) and then seek compensation. You would more than likely have to go out and purchase another piece of the same timber in length and thickness and then start legal proceedings to recover your losses.

          Feel free to post up a draft letter if you want any feedback before sending it off.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.
          • 1 thank

          Comment

          • #6
            How much did the timber post cost?

            Comment

            • #7
              Thank you everyone, I will follow up with the retailer tomorrow and post the response to keep updated.

              the timber post cost £40 each (and I’ve purchased 4 of them)

              Comment

              • #8
                If you get 'nowhere' with the retailer, then you could consider Paypal Protection, make a claim.
                That can be done via your Paypal account.

                https://www.paypal.com/uk/webapps/mp...y-and-security
                • 1 thank

                Comment

                • #9
                  Good tip, thank you

                  Comment

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