Faulty bath

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82186814#Comment_82186814

There are plenty of online templates for letters before action - the key thing to emphasise is that the company's preferred policy on such inspection timescales cannot override your statutory rights, and the previously-mentioned sections of the Consumer Rights Act do not impose any such restrictions, therefore goods identified to be faulty within the first six months must be repaired or replaced at no extra cost to the consumer, unless there is sufficient evidence that damage was caused post-delivery.

Just to add, don't send a letter before action unless you're prepared to follow it through with the court action if they fail to resolve the issue…

MeteredOut

I'd paste a template (as suggested above), along with a copy and past of all the posts in this thread, into AI, and ask it to create a LBA for me. Then make sure you read and edit as appropriate.

eskbanker

How did he pay for the bath? Chargeback may be a better bet than court action, if he used a credit or debit card…

Alderbank

I don't think anyone here would suggest using AI to prepare any kind of legal document.

Okell

https://forums.moneysavingexpert.com/discussion/comment/82186847#Comment_82186847

Yes. This really needs to be answered before going down the LBA/LBC route

MeteredOut

https://forums.moneysavingexpert.com/discussion/comment/82186848#Comment_82186848

I would (and have) used it as a tool to consolidate and simply my own writing (which I am aware can be quite verbose) to create an LBA (that was successful).

But, it has to be used as a tool, not as a solution.

Piggyfeet

He paid by debit card, Monza

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82186885#Comment_82186885

In which case, he can raise a 'goods not as described' chargeback via Monzo…

Okell

https://forums.moneysavingexpert.com/discussion/comment/82186814#Comment_82186814

Before you do that all we have seen so far is what you have posted of the seller's replies to your son.

What actually did your son tell the seller to initiate those replies?

Did he make it clear to the seller that he was relying on his statutory rights under the Consumer Rights Act 2015?

In particular that s19(14) of that Act creates a legal presumption that any faults within 6 months of delivery are legally presumed to have been present at purchase unless the seller can prove otherwise.

Also their own T&Cs make it clear that nothing in those T&Cs (like an attempt to impose time limits on a consumer for notification of damage) can affect a consumer's statutory rights.

Either the bath was damaged before it left the seller or while it was in the custody of the seller's courier. In either case under s29 of the Consumer Rights Act 2015 the seller is responsible for the damage. If their chosen courier caused the damage that is a matter between the seller and their courier, and isn't your son's problem (I assume your son is being honest in saying it hasn't been damaged since delivery to him?)

If your son hasn't yet made these points clear to the seller I would go back to them one more time before going down the Letter Before Claim/Letter Before Action route.

As has already been said, you only really want to go down the Letter Before claim route if you are determined to follow it up by issuing a money claim against them if they don't provide a replacement. If you don't follow up they've successfully called your bluff. (Unless you can do a s75 claim or chargeback claim)

Okell

https://forums.moneysavingexpert.com/discussion/comment/82186891#Comment_82186891

Isn't there a better option than not as described? eg faulty or damaged?