Won my case but hit a problem

[darkzim69]

On the 23rd of December 2019 I purchased a ex display cooker it arrived and they installed it and I paid them for installation and delivery and the cooker in total it was £245

When they left i went out to look at the cooker and noticed it was a 2nd hand cooker I contacted them less than 15 minuets after they left my house which was around 7pm in the evening and pointed out that they had delivered a 2nd hand cooker and I wanted a ex display cooker
And I didn't want it as it was not what they advertised

the man in charge apologised and said as it was their mistake they would send me £50 and replace the cooker in the new year as it was too close to Christmas to do anything atm

after Christmas I recontacted the company and asked when they are coming to replace the cooker and that since having the cooker I also discovered the oven didn't work
and was told that they didn't have any in and if i returned the cooker i would be given a refund less the £50

but it would mean i would need to hire a electrician and a van to take the cooker back
after a few months of back and forth I took the company to court and won the case

ive included the judgement

thinking thank god this is all over finally i could get a cooker that works



this morning i received a letter from the company that contained a cheque and a letter

which ive included





All i want is the cooker out of my house any advise what my next move is

[ostell]

So you bank that cheque and then write to them and tell them that you care no one jot for their company policy and the cooker is available for collection at their earliest convenience and if not within 14 days you will dispose of and sell and send them the proceeds less your costs.Â* There are words for this which others will no doubt come up with.

[des8]

When you write as ostell quote the "Torts (Interference with goods) Act !977 (http://www.legislation.gov.uk/ukpga/1977/32) as you regard yourself as an involuntary bailee.

Did your claim form request removal of the appliance?
It is possible (not certain) that ownership of the appliance has passed to you anyway as the court order does not mention it!Â*

[pt2537]

Their response is bizarrre

You recieved a product which was not as described, thus a breach of contract. Your rights under the CRA were to reject the goods which you did. The fact you had to take them to Court is neither here or there.

Now, defective goods the CRA is clear on what should happen. section 20(8) CRA States

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

[JosephS]

It's an interesting story