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Ride on mower broken within 6 months


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Hello Everyone

 

 

 

I bought a secondhand ride on lawn mower on 24th March this year, it was from a dealer and was advertised online, but I can't remember which site. It cost £3200 I paid by bacs, because of the drought I have only used it for 5 hours (by the mower hour clock) so far, last night it dumped the transmission oil out and lost all drive, it looks like it has been repaired and bodged up as I can see instant gasket sealant hanging out. Without getting a mechanics opinion I would think that it needs a new hydrostatic transmission. Do I have any rights under the sale of goods etc etc. It is a domestic machine and I bought it to cut my own lawns not as a business.

 

 

 

I have contacted the seller, his reply was more or less "tough luck, not my problem" . I did quote this:

Under the Consumer Rights Actlink3.gif 2015, goods should be of a satisfactory quality, fit for purpose and as described. My rights have been breached because the item you sold me is faulty. I would like a refund/repair/replacement."

He replied that as it was a secondhand vehicle I only had 30 days to complain.

 

 

Do I have any right to a refund? I have looked at the Consumer Rights Actlink3.gif 2015 but it's in legalese, I think I might have grounds to send it back as it's within 6 months but I can't find a specific reference so that I can metaphorically use it to beat the seller over the head with.

Edited by honeybee13
Paras
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Think you need to look at all of the sales information and contract. Is the lawnmower in the condition as it was advised by the seller ? Has it been used and maintained per the manufacturers operating manual since you have had it ?

 

Suggest you have the lawnmower taken to a local specialist repair centre. The lawnmower manufacturers may have a list of UK centres that can help you. Ask for a condition report and estimate for repairs.

 

Armed with the condition report and repair estimate, it is then a case of examining the case you can make against the seller. I.e. The seller should have been aware of defects that existed when they sold the machine.

We could do with some help from you.

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From a commercial seller you have the same protections as you would a new item. The 30 day issue is that you cannot reject to get a full refund. If the item is faulty within 6 months you can ask for repair or refund for an appropriate sum. You don't have to prove the faults by getting a report within 6 months, however, it the seller refuses to assist, then getting a report might help you quantify amount, if you took this to small claims court.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thread moved to On Line Stores Forum...please continue to post here to your thread.

 

If you made the purchase on line then The Consumer Contracts Regulations 2013 is also applicable to your purchase

 

http://www.legislation.gov.uk/uksi/2013/3134/contents/made

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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