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Hi everyone,
Can anyone advise on this please?
I bought a second hand under counter freezer from a seller on Gumtree, who advertised as an individual but was actually selling from a house clearance shop which I believe may afford me some additional consumer rights.
I travelled 27 miles to collect the freezer which was standing on top of another one, but was not switched on, and the seller helped put it in the back of my car, and told me to leave it to stand for at least 24 hours before using to let the oil in the compressor filter back down. Within a few yards of pulling away from the shop, I pulled into a car park to adjust the freezer in the back of my car as it was rattling a little bit and I couldn't see out of the back window. So I adjusted it so it was flat on its side, secure and couldn't move and that I could still see out the rear window, always a bonus.
Any hoo, I got the freezer home and left it standing for about 5 days, because the food that had been in my old one which had gone kaput had already spoiled and I hadn't the money to but stuff to put in the new one. So, when I did plug it in, I filled it with cheap loaves of bread, as I'd read somewhere that you should always put something in the freezer rather than trying to freeze an empty space.
Freezer didn't work. I downloaded the user manual from the manufacturer's website, tried it on all the settings and ended up with nothing more than a cupboard full of stale bread. What was interesting though, was that the user manual gave instructions for changing over the door on the freezer. This process involved lying the freezer on its back while the door was changed over, and advised that it needed to be left for 15 minutes before being switched back on.
So, 11 days after I bought it, I contacted the seller, by text message again, and explained what I had tried, and his response?
- it was sold as seen
- it worked when I bought it
- it was sold without a warranty
- I must not have waited 24 hours before switching it on., and the best of all
- it was very suspicious that I travelled so far (27 miles) to buy it because people like me try to pass off their old tat as something bought from him and rip him off in the process.
I was a little bit annoyed by that last one, so I reminded him that goods needed to be fit for purpose under the Consumer Rights Act and that a freezer which didn't freeze clearly wasn't and I'd like a refund.
There was a lot of to-ing and fro-ing and he eventually said the used goods act didn't wash with me, so obviously hadn't properly read my replies, and said that he'd see me in court. I responded by saying okay, and that I'd start proceedings through Money Claims online, and thanks. (yes honestly I said thanks ha ha)
I then got another text saying he had spoken to 'the owner' who had said if I take it back to them, they would have to test it to make sure it wasn't my fault before giving me a refund.
Now, I read that to mean that I would have to take it back to him, and leave it with him, as let's not forget it has to stand for at least 24 hours before being switched on. After what he accused me of, and the fact that he's advertised on Gumtree as an individual not a business because you have to pay to advertise as a business, I didn't trust him not to banjax it and say it was my fault. So I politely declined what I saw as a 'conditional refund' and said I would accept a refund a repair or a replacement.
The seller then went back to saying I had switched it on too soon, it was thrown in the back of my car, even though he had put it in there etc etc.
As it stands now I have written a letter to the shop, outlining my case as follows:
"I write with regard tothe above item which I purchased from you on 1 March 2017 for the price of £40.00.
The item was advertisedon Gumtree and when I arrived at your shop to view and purchase it, it was notswitched on and was not demonstrated as working but you gave your assurancethat it did work.
However, the freezerdoes not work as it does not freeze at all and when switched on the motor doesnot start and the only indicator light illuminated is the red warning light.
I had left the freezerto stand for several days before switching it on, and when it did not work, Idownloaded the user manual from the Indesit website and tried it on all of thesettings before contacting you by text message on 11 March to advise you it didnot work.
Under the ConsumerRights Act 2015 goods must be:
· Ofsatisfactory quality
· Fitfor a particular purpose and
· Lastfor a reasonable length of time.
As this freezer does notfreeze, it is therefore not fit for purpose and I am exercising my right underSection 20 of the Act to reject the goods as faulty and request a full refundof the purchase price of £40.00.
The Act states that Imay request a full refund by exercising my right short term right to reject thegoods and consider the contract as ended by notifying you of this intent within30 days of the purchase. This isclarified further in section 109 of the guidance notes to the Act which statethat as long as the indication is clear it does not matter which form thisnotification takes.You were notified ofmy intent to reject the freezer on 11 March 2017
The Act also makes theprovision that any reasonable costs of returning the rejected goods to you asthe trader is to be borne by you, the trader, including paying postage costs.
However, I would bewilling to return the goods to you without additional charge if you agree torefund the purchase price of £40.00.
I request that yourespond to this letter in writing within 14 days of receipt either confirmingyour intent to refund the amount of £40.00 or providing a detailed response foryour reasons for refusal."
Can anyone advise whether this is okay please and whether I'm taking the right steps?
Thanks a million.
Can anyone advise on this please?
I bought a second hand under counter freezer from a seller on Gumtree, who advertised as an individual but was actually selling from a house clearance shop which I believe may afford me some additional consumer rights.
I travelled 27 miles to collect the freezer which was standing on top of another one, but was not switched on, and the seller helped put it in the back of my car, and told me to leave it to stand for at least 24 hours before using to let the oil in the compressor filter back down. Within a few yards of pulling away from the shop, I pulled into a car park to adjust the freezer in the back of my car as it was rattling a little bit and I couldn't see out of the back window. So I adjusted it so it was flat on its side, secure and couldn't move and that I could still see out the rear window, always a bonus.
Any hoo, I got the freezer home and left it standing for about 5 days, because the food that had been in my old one which had gone kaput had already spoiled and I hadn't the money to but stuff to put in the new one. So, when I did plug it in, I filled it with cheap loaves of bread, as I'd read somewhere that you should always put something in the freezer rather than trying to freeze an empty space.
Freezer didn't work. I downloaded the user manual from the manufacturer's website, tried it on all the settings and ended up with nothing more than a cupboard full of stale bread. What was interesting though, was that the user manual gave instructions for changing over the door on the freezer. This process involved lying the freezer on its back while the door was changed over, and advised that it needed to be left for 15 minutes before being switched back on.
So, 11 days after I bought it, I contacted the seller, by text message again, and explained what I had tried, and his response?
- it was sold as seen
- it worked when I bought it
- it was sold without a warranty
- I must not have waited 24 hours before switching it on., and the best of all
- it was very suspicious that I travelled so far (27 miles) to buy it because people like me try to pass off their old tat as something bought from him and rip him off in the process.
I was a little bit annoyed by that last one, so I reminded him that goods needed to be fit for purpose under the Consumer Rights Act and that a freezer which didn't freeze clearly wasn't and I'd like a refund.
There was a lot of to-ing and fro-ing and he eventually said the used goods act didn't wash with me, so obviously hadn't properly read my replies, and said that he'd see me in court. I responded by saying okay, and that I'd start proceedings through Money Claims online, and thanks. (yes honestly I said thanks ha ha)
I then got another text saying he had spoken to 'the owner' who had said if I take it back to them, they would have to test it to make sure it wasn't my fault before giving me a refund.
Now, I read that to mean that I would have to take it back to him, and leave it with him, as let's not forget it has to stand for at least 24 hours before being switched on. After what he accused me of, and the fact that he's advertised on Gumtree as an individual not a business because you have to pay to advertise as a business, I didn't trust him not to banjax it and say it was my fault. So I politely declined what I saw as a 'conditional refund' and said I would accept a refund a repair or a replacement.
The seller then went back to saying I had switched it on too soon, it was thrown in the back of my car, even though he had put it in there etc etc.
As it stands now I have written a letter to the shop, outlining my case as follows:
"I write with regard tothe above item which I purchased from you on 1 March 2017 for the price of £40.00.
The item was advertisedon Gumtree and when I arrived at your shop to view and purchase it, it was notswitched on and was not demonstrated as working but you gave your assurancethat it did work.
However, the freezerdoes not work as it does not freeze at all and when switched on the motor doesnot start and the only indicator light illuminated is the red warning light.
I had left the freezerto stand for several days before switching it on, and when it did not work, Idownloaded the user manual from the Indesit website and tried it on all of thesettings before contacting you by text message on 11 March to advise you it didnot work.
Under the ConsumerRights Act 2015 goods must be:
· Ofsatisfactory quality
· Fitfor a particular purpose and
· Lastfor a reasonable length of time.
As this freezer does notfreeze, it is therefore not fit for purpose and I am exercising my right underSection 20 of the Act to reject the goods as faulty and request a full refundof the purchase price of £40.00.
The Act states that Imay request a full refund by exercising my right short term right to reject thegoods and consider the contract as ended by notifying you of this intent within30 days of the purchase. This isclarified further in section 109 of the guidance notes to the Act which statethat as long as the indication is clear it does not matter which form thisnotification takes.You were notified ofmy intent to reject the freezer on 11 March 2017
The Act also makes theprovision that any reasonable costs of returning the rejected goods to you asthe trader is to be borne by you, the trader, including paying postage costs.
However, I would bewilling to return the goods to you without additional charge if you agree torefund the purchase price of £40.00.
I request that yourespond to this letter in writing within 14 days of receipt either confirmingyour intent to refund the amount of £40.00 or providing a detailed response foryour reasons for refusal."
Can anyone advise whether this is okay please and whether I'm taking the right steps?
Thanks a million.
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