How can I get my money back.

Hello all, I am after some advice, please.
We bought a stunning, beautiful bath discounted on eBay over a year ago. The manufacturer listed it at a discounted price but did not mention any problems. We couldn’t fit until now because our amazing builder had surgery, so we waited for him to get better and were able to book us for the bathroom fit. Plus, we have had grief and were not up for renovations.
Now, a bathroom fitter came to fit the tub, and it has a leak; the actual bathtub has a few leaks, and the manufacturer refuses to refund. They are saying it was sold as seen. We arranged for the bathtub to be collected from their warehouse. We didn’t think of testing the bath, but it has very tiny holes in the steel; it is a steel bathtub. Do I have any chance of getting my money back? What can I do? I tried social media, and they blocked my account and deleted all my messages. They have suggested buying a 5-pound glue from Amazon. Please help!!

We tried eBay, but too late as over six months; PayPal has the same for only up to 6 months, so I can’t think of anything else but small claims court.

Comments

  • Browntoa
    Browntoa Posts: 49,269
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    Manufacturer would argue it was probably damaged in your 12 months care
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  • Alderbank
    Alderbank Posts: 2,675
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    edited 21 October 2023 at 12:49PM
    I assume you bought it directly from the manufacturer, not from someone else who had bought it from the manufacturer, and the company is still in business.

    'Sold as seen' is meaningless in consumer rights law and there is no cut-off point due to age for a fault claim during the first five or six years of ownership.

    The seller must repair or replace the bath if they reasonably can, if they can't they must refund you. They can reduce the refund for the use you have had, usually interpreted as the time you have owned it.

    The seller must be able to inspect the bath and/or is entitled to ask you for an independent report about its condition in order to decide what to do, but they can't just say you have had it too long.

    Tell them you are making a claim under the Consumer Rights Act 2015 and see what they say.
  • Bradden
    Bradden Posts: 1,051
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    Surely the difficulty in enforcing any consumer rights hinges on the OP's ability to evidence the bath was delivered damaged tweleve months ago?
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,329
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    edited 22 October 2023 at 7:52AM
    Yes, given the time I would think the buyer would be under obligation to prove the fault was in the manufacturing/inherent rather than something that has occurred in transit or over time due to how it was stored/with installation. 

    If this was electronics, I would say they need to pay for an independent report then if needed go to small claims... but with a bath, I'm not sure a plumber would be qualified to say if it was a manufacturing issue? 

    How would you feel about taking a picture of the damage and sharing it here so the people on the DIY board can maybe see if this is something that would 'clearly' be a manufacturing issue vs (for the sake of argument) caused by the installer dropping something?
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  • Hello OP

    As above whilst you are entitled to a remedy (repair, replace, refund) the burden of proof lies with yourself after 6 months. 

    Photos is a good suggestion, it's hard to picture whether this is something that could (not suggesting it has just could) have been caused whilst in your care or not. :) 
  • Okell
    Okell Posts: 597
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    edited 22 October 2023 at 10:00AM
    I find it difficult to imagine how a steel bathtub could get "very tiny holes" in it - whether during manufacture or in the OP's possession...

    As suggested, photos would help
  • Thank you for your comments. I have a video that shows that the bath leaks, but as I do not think I can post a video here, I can show you a photo that shows a magnified view of the holes. There are a number of them that are lining up on each end of the bath, which seems to be a manufacturing error when joining the steel sheets.
  • Something else I would like to ask you. If I go to small claims court, I know I have to pay a fee, but if I lose, do you know for sure whether I have to pay their fees or not and if I have to pay any of their fees, is there a maximum I have to pay?
  • Grumpy_chap
    Grumpy_chap Posts: 14,363
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    andre30 said:
    I can show you a photo that shows a magnified view of the holes. There are a number of them that are lining up on each end of the bath, which seems to be a manufacturing error when joining the steel sheets.
    I would have assumed that a steel bathtub is pressed from a single sheet.
    You seem to be describing a bath tub that is pressed from two sheets (two halves) and then welded together, hence the line of pin holes along the weld as you suggest (joining the steel sheets)
    Is that photo taken from the inside of the bath?
    Can you share a photo of the back (outside of the bath) which will show the welding more clearly?
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