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    • Hello,   I've recently been awarded PIP for a degenerative condition that has worsened & I'm finding it entitles me to more help with things like council tax, but is there anything else i can now apply for or that i could be able to get more support with now I'm on PIP? 
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    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
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catchingup

@curryspcworld Refuse Refund defective F/Freezer 5day old @TeamKnowhowUK

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Posted (edited)

Hello Everyone,

 

I have received delivery of a Fridge Freezer on Sunday 21/6/2020 from Currys which is not cooling in the fridge cabinet and the food is not getting cold.  I've used a weather thermometer with a probe to measure the inside and it is showing a temperature of 10 C.  The fridge is set to 1 C.     I called Currys on Thursday 25-6-2020  to explain the problem and request a refund and eventually after getting through I was told to contact the manufacturer and then cut off.  When I called them again I was passed to another department and then they failed to answer even after holding on for over 1 1/2 hours.

 

I am extremely stressed as I paid over £600 by credit card however the appliance is not cooling and Currys are not interested.   

 

Please can you help me get a refund from Currys?

 

Thanks

Edited by catchingup

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Did you buy online or did you visit the shop?

 

We haven't had a complaint about Currys for a long time – but a couple of years ago we were getting this kind of complaints very often.

If you bought the fridge online then you are still within the 14 day cooling off period under the distance selling rules and so you are entitled to return it for any reason. Of course Currys won't be happy about this.

If it has a defect then within the first 30 days under the consumer rights act you are entitled to reject the item and to insist on a refund. In order to do this you should write to them giving them all reference numbers of the order et cetera and tell Currys that the fridge is defective and that as a result of this you are asserting your "short-term right to reject" and you want them to make arrangements to remove it and then either to refund or to replace – you decide which you want.

I suppose this is the only fridge you've got and of course with the current warm weather this is going to cause you a lot of difficulty. You may want to pursue them for additional compensation – certainly for any lost or damaged foodstuffs and so you need to keep a close log of all the problems that this is causing you. Also keep a close log of any exchanges you have had with Currys and who said what to whom.

You should send the letter of rejection immediately and send it by next day special delivery and also by email. In view of the importance of having a working fridge in your home, I would keep on telephoning them as well but the letter that most important.

Before you do any more work on the phone, you should read our customer services guide and implement the advice there. It is extremely important that you understand how to conduct a conversation with a customer service department and also that you record the call. This is really essential.

If Currys try to fob you off to the manufacturer then they are wrong and you should insist that they replace or refund you the money. Do not accept any offers a repair. Do not accept any offers to send an engineer around to try and figure out what is wrong. Within the first 30 days you have absolute rights and you should stand on them.

Also, well done on having paid by credit card. This gives you additional protection under section 75 of the Consumer Credit Act. You should contact your credit card issuer immediately and tell them that you are beginning a section 75 process in respect of the purchase and that you will be looking to them for a refund in the event that carries cause any problems. You should confirm this in writing with your credit card issuer and make sure you get a reference number if you do anything on the telephone. And of course you will be recording your calls.

In the letter that you write to Currys you can also tell them that you have contacted your credit card issuer and you have begun a section 75 process.

I think in your letter to Currys you should tell them that you want the matter sorted out within seven days – especially given the urgency of having a fridge in hot weather. Keep us informed. If Currys don't step up to the mark in seven days then I'm afraid that you will probably need to threaten a legal action and then issue the papers. We will help you.

I don't know what your domestic situation is. If you have a family to look after then you probably need fridge even more. If you have the money then I suppose you could think about buying a replacement fridge and putting the other one in storage somewhere if you have the space or a garage. Let us know what you plan to do. If you decide to take this kind of action then it will be important to let Currys know in advance. It doesn't reduce your rights if you don't – but you will be in a better position and show that Currys have always been told what the situation is. It gives them less wriggle room.


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Thank you for the reply. It's very reassuring.  I purchased it online. I'll go through the steps you've advised. 

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Okay so in case they say they need to inspect to ascertain the fault et cetera – your letter should make it clear that you are returning the item under the distance selling rules but also because it has a fault and you are asserting your short-term right to reject.

There will be a slight issue with claiming the right to return the item under the distance selling rules and that is that you would normally have to return the item in pristine saleable condition. As it is, you have used the fridge and so it can be said that the value of the fridge is diminished and in that respect, Currys would be entitled to make a reduction in the value of any refund to reflect the diminution in value.

So it is important to emphasise that you are rejecting the item as faulty under the consumer rights act – but for the avoidance of doubt you are also calling on the distance selling rules.

 


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Did  Curry's deliverers unpack it and plug it in straight away ?  Normally recommended that you let it settle for 6 hours to let the gasses settle.


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Hi

 

Yes I did allow it to stand vertically on Sunday and I switched it on on Monday.

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