Emotional distress in small claims for faulty goods

[elsa123]

Re: Emotional distress in small claims for faulty goods

Thank you for the message walesman. What I intend to do is wait the 14 days that the pre-legal letter allows them to have and then get a delivery firm to dump the lemon back on them.
The Citizens Advice have been really helpful. They helped me write the initial letter and told me to call them again when the 14 days are up.
Your opinion really helps. Due to autism I really struggle telling when people are lying and when they are truthful. I genuinely thought they had contacted a lawyer because they said they had so it is a real shocker to me to hear that they could be bluffing.
I do not think they could realistically issue me with a replacement item as they are just a private seller, not a tank shop, so I doubt they will have a replacement tank to hand.
The repairs would cost as follows:
1. heater £30-40, or they could deliver to me the one I saw in the garage when I inspected it and that would only cost them the postage.
2. the filter. I am pretty sure with new parts the thing will function. New parts are not too much, say about £20 all in.
I know it would be far easier forking out the £60 but husband wants it gone and so do I. Husband came with me to inspect the item, however he did not get involved in the inspection due to being registered blind.

[des8]

Re: Emotional distress in small claims for faulty goods

Regret that what you want and what you are entitled to may not be the same.
You should request they send you the heater. If they don't you purchase one and claim back the cost
Same with the filter.
IMO you are not in a position to rescind the contract and claim a full refund.

[elsa123]

Re: Emotional distress in small claims for faulty goods

It would be one hell of a lot easier to keep the tank. It is a beautiful tank and with a few new bits it will be functioning.

Husband is not going to be happy though, he wants it gone.

[wales01man]

Re: Emotional distress in small claims for faulty goods

IF as you are saying the tank is fine and its only 60 quid to sort it talk it through with your husband and maybe its not worth pursuing if they refuse to pay .

I have learnt its sometimes not worth the stress sometimes to chase someone who by all accounts is an Ahole .Maybe follow DESs suggestion

[elsa123]

Re: Emotional distress in small claims for faulty goods

I think what I will do is get the new parts and then sell it on as fully functional on ebay. I do not want to pull a stunt and sell it in its current condition. I do not want the item due to the emotional upset it has caused. I cannot even look at it I am so upset. I will get it up and running and sell it on. I will then sue them for the cost of the replacement parts.

[des8]

Re: Emotional distress in small claims for faulty goods

I like the thinking, but why not sell it on at cost, plus cost of new parts (and possibly a small profit!) then you would avoid the cost and stress of a court case?
Just a thought, I know nowt about aquarium prices

[Carnelian]

Re: Emotional distress in small claims for faulty goods

The tank cannot be disinfected because cleaning chemicals are toxic to the fish.

There are specific aquarium cleaning chemicals that are non-toxic to fish that can be used, and should be used if for instance there was an outbreak of rot or something. But, you can do a thorough clean, a scrub and then even things like boiling water if you do it safely and take care of seals etc.
It seems that your attitude has shifted from helping your fish to getting retribution? Do you know how to handle a large tank with a filter, as it sounds as if you are a bit out of your depth and there was nothing really wrong with the tank just a management issue?

[elsa123]

Re: Emotional distress in small claims for faulty goods

I am not sure why you feel my attitude has shifted.

My fish are not in the giant tank. The fish are in smaller tanks that I bought off reputable vendors.

It is not a case of retribution, it is a case of justice. To gain what I feel would be appropriate retribution here I would have to step outside of both civil law and criminal law. However I am not a criminal and I was brought up that you should never settle disputes in such a fashion.

[elsa123]

Re: Emotional distress in small claims for faulty goods

In fact to HELP my fish, which is what I want to do, they are best transferred into a brand new tank from a reputable vendor.

This specific aquarium is a fluval and part of the style is it does not have a lid. I was aware when we bought it that there may be an issue with our young son putting items into the tank, so I got the measurements and found out he cannot reach the top as I got him to reach as high as he could and I measured it. What I did not account for is my son grabbing piles of cushions, building a little step and then dumping plastic toys in the tank. Hindsight is a wonderful thing. I measured up my son's reach but failed to account for items being used as steps. I work long hours and with husband being blind I cannot guarantee another little step gets manufactured. Therefore even if we had bought the tank brand new it would be unsuitable.

This is another reason we cannot keep the tank. However the main reason is looking at the stupid tank is causing me bad emotional distress as I associate it with the death of my fish which I loved. Thankfully we have a few survivors.

The way I see it now is I have 2 choices:
1. completely fix the tank, use the cleaning chemicals, buy all the required parts and then sell it on eBay again as fully functional and operational. Sue vendor for cost of all new parts and cleaning chemicals
2. dump it back at vendor's house and instigate small claims.

[Carnelian]

Re: Emotional distress in small claims for faulty goods

Unless you sold that tank the minute you finished cleaning the next buyer would have to clean it again. Why did it not have the top? you will stuggle to keep it clean without a top and if you need to heat it (as I presume you will as you mention heaters) then the heat loss will mean the heater is on all the time which will not be good for the heater or the fish. What about the uv light? I daren't even mention the danger of a young person and a blind person with a tank, especially open topped.

But please bear in mind that all my questions may seem pointed now but they will be nothing compared to a small claims court and solicitors and aquarium experts etc that will need to be instructed and paid for if the vendor decides to defend the case, and what do they have to lose?

[elsa123]

Re: Emotional distress in small claims for faulty goods

It is not that the vendor failed to sell us the top. It is that for this specific style of tank a top does not exist. Fluval try to be very stylish and many fluvals come without tops.

http://www.hagen.com/pdf/aquatic/Flu...ka-details.pdf

This is a link to the type of tank. All the fluval osaka range are topless.

My husband is safe around the tank. He was born blind and has the common sense not to put himself at risk.

My son WOULD have been safe, however I failed to realise he would make little cushion steps and as he can do this, he is NOT safe around the tank.

Tank is currently unplugged and only a bit of water in so not a hazard now, but would be hazardous if plugged in.

Also hazardous to fish if we had any in there as he may dump something in tank that is toxic to fish.

So all in all a very poor choice of tank on my part. As I say, hindsight is great!

[elsa123]

Re: Emotional distress in small claims for faulty goods

Just spoke to citizens advice and we are a bit stuck.

Citizens advice say that I am not legally allowed to dump the tank back on their driveway as that could potentially be a criminal issue eg trespass or vandalism

We are not allowed to sue them if we sell the tank on as it will no longer be our item. If it was a smaller item I would hang on a year to court, but we cannot store this giant tank for 12 months as it is a little house.

So only option is do it up and sell on eBay and have no comeback whatsoever against the vendor.

[elsa123]

Re: Emotional distress in small claims for faulty goods

Right! Husband and I have had a chat and we are going to move all the cr*p under our stairs and store the tank there. And take them to court.

Not the easy option but we want justice!

[wales01man]

Re: Emotional distress in small claims for faulty goods

THINK cab are talking a bit of nonsense TRESPASS! Personally I would take the tank back but you probably have taken the right decision

[elsa123]

Re: Emotional distress in small claims for faulty goods

THINK cab are talking a bit of nonsense TRESPASS! Personally I would take the tank back but you probably have taken the right decision

I had no intention of breaking into their property, I was going to dump it on the driveway and wait for them to get home.

I thought under the SoGA I would have the legal right to return the item, just like taking a faulty item back to the supermarket.

However this may be a police issue. Not likely as the only time Greater Manchester Police swing into action is if you are speeding and it is an easy fine. I was assaulted last year and they did jack other than to tell the attacker not to do it again.

I cannot imagine GMP would be interested in a tank on a driveway.