Help needed

Helpneeded01

i bought an electric cooker yesterday from Facebook marketplace. The company had 5 star reviews and seems to have a steady flow of stock to sell. The cooker was delivered and installed at 8pm last night - everything seemed fine. I get home from work at 11pm and decided to cook some sausages. The oven had been on for 10 mins and the glass panel on the oven door completely shattered. After taking a closer look it is riddled with rust. I have the invoice receipt (i paid £170 in cash). I have an 8 year old son who has learning challenges and is currently being tested for autism. I contacted the seller asking for someone to come and collect the cooker asap and asking for a full refund, to be told no. He has stated because my partner saw it working when it was installed, he believes we have tampered with it (we havent). The engineer literally turned it on and off again (he also failed to turn the fuse box off before installing,  my partner had to do this). The seller has stated because i reported the damages 3 hours after it was installed, he wont refund me. He has offered to 'try' and find a new door at a cost of £20 which i would have to pay. The cooker is supposed to have a 6 month warranty. After questioning the seller some more, he told me he only received the cooker that morning, after going through previous communications with him, the cooker delivered wasnt actually the one we had chosen. Is the seller in the wrong and can i get my money back? 

Aylesbury_Duck

Yes the seller is in the wrong, but whether you can get your money back is another matter.  Paying cash to someone on Facebook means you perhaps don't have the seller's name and address, which is what you'd need to pursue any kind of legal action if he won't play ball.

What's the relevance of your son to the situation?  Was he injured as a result of the failure?

Helpneeded01

Aylesbury_Duck said:

Yes the seller is in the wrong, but whether you can get your money back is another matter.  Paying cash to someone on Facebook means you perhaps don't have the seller's name and address, which is what you'd need to pursue any kind of legal action if he won't play ball.

What's the relevance of your son to the situation?  Was he injured as a result of the failure?

I have the sellers name and business address on the invoice i was given. My son is currently being tested for autism. One of his traits is watching things cook so if that had happened in front of him, it could have blinded him.

Grumpy_chap

The seller is in the wrong.
This was a wholly remote purchase so you can return for any (or no) reason within 14 days.
The product delivered is not the product you ordered, so that would give you rights for a not as described return.
The product has failed and you can therefore reject under short term right to reject.

Lots of theoretical remedies.
As Aylesbury_Duck has mentioned, enforcing them from a cash purchase via Facebook is not going to be easy.

Is the warranty from the supplier (on Facebook) or an insurance backed product or manufacturer warranty?

Aylesbury_Duck

Helpneeded01 said:

Aylesbury_Duck said:

Yes the seller is in the wrong, but whether you can get your money back is another matter.  Paying cash to someone on Facebook means you perhaps don't have the seller's name and address, which is what you'd need to pursue any kind of legal action if he won't play ball.

What's the relevance of your son to the situation?  Was he injured as a result of the failure?

I have the sellers name and business address on the invoice i was given. My son is currently being tested for autism. One of his traits is watching things cook so if that had happened in front of him, it could have blinded him.

To be blunt, what could have happened is irrelevant.  You have consumer rights because the cooker is faulty, you don't need "what might haves" to strengthen your case. 

I'd get back to the seller and say you want to reject the cooker for a full refund. If he says no, tell him you'll take him to small claims court and follow that up with a letter giving him 14 days before you issue a claim.  Do not use the cooker at all in the meantime.  You're rejecting it, so don't continue using it.

Alderbank

Helpneeded01 said:

 I have an 8 year old son who has learning challenges...[the seller] believes we have tampered with it...

Your son is not relevant. Mentioning his issues only encourages the seller to obfuscate and throw red herrings in.
As @Aylesbury_Duck says above, stay focussed and keep to the point.

soolin

One other thing, do a bit of research on the name and address on the invoice you have just make sure it is genuine. 

Helpneeded01

soolin said:

One other thing, do a bit of research on the name and address on the invoice you have just make sure it is genuine. 

Ive already does this. He is listed under companies house as the director