faulty goods

babymoneyblagger

hi,

I have an electrical item that went faulty, when I bought it, I got it for a bargain price as it had been reduced, the store have none in stock of this item at all anywhere only a higher price of the same brand but its a newer version, obviously I want a replacement but I have offered to pay the extra for the newer one but only from the original price onwards and not the bargain price onwards, is this correct? what are my rights?

babymoneyblagger

asked for a replacement but they have none, asked for a repair but they dont do them, dont want a refund as I then have to go out and buy another one that is more expensive, so I end up out of pocket for a faulty product.

bingo_bango

The legal position is that both parties are returned to the same situation as if the contract had not been concluded. Trader takes the goods back, and you get a refund. You are therefore not out of pocket as Mysolicitorisbetter has pointed out.

You can NOT seek a different form of redress from that offered if it causes significant inconvenience or cost to the trader. You cannot therefore insist on a replacement item if he doesn't have one, or insist that he gives you a more expensive one.