by Rodgydodge »
Tue Apr 25, 2017 6:38 am
My letter I received from citizens advice yesterday, I think if your having the same issue then contact them so it's recorded with trade and standards.
We understand from your e-mail that you are awaiting advice regarding paint you bought that isn’t up to the standard expected.
Your rights and obligation.
Under the Consumer Rights Act 2015, any goods provided should be of satisfactory quality, which means they should be free from fault, last a reasonable amount of time, do what they’re designed to do, and be safe.
If you can demonstrate that your goods are not of satisfactory quality, you may be able to seek redress from the trader. You could look to request a repair or replacement in the first instance; any repair or replacement should be provided free of charge, within reasonable time, and not cause a significant inconvenience.
If a repair or replacement is unsuccessful, cannot be done free of charge, within reasonable time or would cause significant inconvenience, you could then request to exercise your right to a price reduction on what you’ve paid, or to reject the goods by exercising your final right to reject for a refund. The trader may deduct for usage taking into account the amount of time you’ve had possession of the goods. . Any refund should be provided within 14 days of the refund being agreed and via the same payment method.
If the trader doesn’t feel they are liable for the fault they would need to prove that goods are of satisfactory quality. The trader would not be liable for fair wear and tear, misuse, accidental damage or neglect.
Your next steps.
We would suggest that you contact the trader and request a copy of their formal complaints procedure and follow this. If the trader does not have a complaints procedure, we recommend you send a letter outlining the reasons for your complaint. We would suggest setting a reasonable deadline for a response, keeping a copy of any correspondence for your records and sending any letters by recorded delivery; that way the mail will be tracked and signed for. Template letters can be found here, and a sample of recorded delivery can be found here.
As part of your complaint we would recommend you ask the trader if they are a member of an alternative dispute resolution scheme (ADR) or, if they’re not, would they be willing to use a non-membership based scheme. ADR schemes are independent bodies that offer services such as arbitration or mediation if your complaint is still unresolved after following the trader’s complaints process.
What we will do.
We will let Trading Standards know about your complaint. Whilst this does not help you resolve your dispute, it gives Trading Standards vital intelligence on how a trader is conducting their business and if they deem it necessary they will contact you directly for further information.