Urgent advice needed on faulty goods

Sandtree

Olinda99 said:

your remedy is simple - small claims court. simple to do, and on the face of it you would win - a toaster should last longer

Are you factoring in the fact the the buyer may have been a limited company?

Equaliser12345

Sandtree said:

Olinda99 said:

your remedy is simple - small claims court. simple to do, and on the face of it you would win - a toaster should last longer

Are you factoring in the fact the the buyer may have been a limited company?

Why does it matter?  

MalMonroe

If you bought it as a business will you be able to claim through Section 75?  

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/#:~:text=With some sellers you might,make a Section 75 claim.

And then escalate to Financial Ombudsman service for small businesses if necessary?   

https://sme.financial-ombudsman.org.uk/

Manxman_in_exile

MalMonroe said:

If you bought it as a business will you be able to claim through Section 75?  

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/#:~:text=With some sellers you might,make a Section 75 claim.

And then escalate to Financial Ombudsman service for small businesses if necessary?   

https://sme.financial-ombudsman.org.uk/

How on earth is the bit you have linked to relevant?

My understanding is that s75A(6)(c) says that that s75 protection does not apply if the debtor purchases something for "business purposes".

Having said that - I also believe that the debtor may still have s75 protection if they are a sole trader - but I can't find the relevant law at the moment.  The OP needs to tell us.

Murphybear

There is an issue here that I don’t  think has been mentioned.

Electrical appliances that are for home use are not supposed to be used in business premises.  If they are then it is unlikely you will get a replacement.  

Although this issue is more often thought for things like washing  machines cookers etc it also applied to small appliances.  

Appliances invariably get much heavier use in businesses.

screech_78

Murphybear said:

There is an issue here that I don’t  think has been mentioned.

Electrical appliances that are for home use are not supposed to be used in business premises.  If they are then it is unlikely you will get a replacement.  

Although this issue is more often thought for things like washing  machines cookers etc it also applied to small appliances.  

Appliances invariably get much heavier use in businesses.

Yip, my company excludes items being used for business purposes in the warranties. The only exception being laptops. Not sure how this translates to law though. 

I do remember vividly a complaint I dealt with regarding an oven that was late being delivered. Guy complained that his wife’s income relies on being able to bake and he was asking for this back as goodwill. When I advised him that he no longer had a guarantee due to confirming this was being used for business, he couldn’t have been quicker to let me know his wife was only baking some cakes for a small fete and could I please make sure I didn’t note that in his order 🙄

Sandtree

Equaliser12345 said:

Sandtree said:

Olinda99 said:

your remedy is simple - small claims court. simple to do, and on the face of it you would win - a toaster should last longer

Are you factoring in the fact the the buyer may have been a limited company?

Why does it matter?  

Because a company cannot turn up in court themselves and so must be represented by a suitable qualified legal professional and legal costs are barred from the small claims court. Cost of such professional will be much more than a £150 toaster

born_again

ewill44 said:

Yes, I bought it for my small business. I have only used it a few times and now it is unusable, and they are not being helpful at all. They just keep saying that they cannot help as it has been more than 14 days since I bought it and that is there terms. I have never come across this before...

So was this bought from a trade supplier?
Not one of the high street online retailer suppliers.

Who was it bought from? Might help get some answers that are relevant to your problem.

Manxman_in_exile

Sandtree said:

Equaliser12345 said:

Sandtree said:

Olinda99 said:

your remedy is simple - small claims court. simple to do, and on the face of it you would win - a toaster should last longer

Are you factoring in the fact the the buyer may have been a limited company?

Why does it matter?  

Because a company cannot turn up in court themselves and so must be represented by a suitable qualified legal professional and legal costs are barred from the small claims court. Cost of such professional will be much more than a £150 toaster

If I provide services as a sole trader through my own limited company , are you saying that if my company gets sued in small claims that I can't deal with it in court myself?

(I don't know the answer but I'm curious to know it)

shiraz99

Manxman_in_exile said:

Sandtree said:

Equaliser12345 said:

Sandtree said:

Olinda99 said:

your remedy is simple - small claims court. simple to do, and on the face of it you would win - a toaster should last longer

Are you factoring in the fact the the buyer may have been a limited company?

Why does it matter?  

Because a company cannot turn up in court themselves and so must be represented by a suitable qualified legal professional and legal costs are barred from the small claims court. Cost of such professional will be much more than a £150 toaster

If I provide services as a sole trader through my own limited company , are you saying that if my company gets sued in small claims that I can't deal with it in court myself?

(I don't know the answer but I'm curious to know it)

Sole trader or Limited co, you can't be both.