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postal damage and who is responsible

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Comments

  • esuhl
    esuhl Posts: 9,409 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    neilmcl wrote: »
    It does seem odd that a "consumer" would spend £580 on a professional carpet cleaner, it's not like you'd be using it all the time unless you had carpet cleaning business.

    I don't think the fact that it "sounds like" the buyer is business has any bearing on legal rights.

    The council guidance says that, in the case of dispute, it is up to the retailer to prove that the buyer is a business.

    Personally, I'd be looking at making a small claim in the county court, and submitting proceedings via the government's Money Claim Online site. (Just make sure you know exactly what you're doing and have given the shop the opportunity to fix things and have warned them of your intention to sue.)

    https://www.gov.uk/make-money-claim-online

    It might be worth asking for advice from a Citizens' Advice Bureau.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    esuhl wrote: »
    I don't think the fact that it "sounds like" the buyer is business has any bearing on legal rights.

    The council guidance says that, in the case of dispute, it is up to the retailer to prove that the buyer is a business.

    Personally, I'd be looking at making a small claim in the county court, and submitting proceedings via the government's Money Claim Online site. (Just make sure you know exactly what you're doing and have given the shop the opportunity to fix things and have warned them of your intention to sue.)

    https://www.gov.uk/make-money-claim-online

    It might be worth asking for advice from a Citizens' Advice Bureau.
    Perhaps the OP will come back and confirm whether he made the purchase as a consumer or not... although I'm unsure why he avoided the opportunity to do so in post #7.

    Until then, it is perhaps a little premature to suggest that he starts legal proceedings.
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