Thanks for your replys
As I have already contacted my insurance legal dept is it wise to contact WLS or is getting advice from 2 better.
Yesterday was an emotional and draining day and need to step back and breathe.
Thanks again
Insurance companies probably have very little knowledge on CRA 2015 and may give the incorrect advice. The best advice comes from a consumer body like WLS.
Did your insurance legal department ask you to send a letter like this? This is only a guide for information;
I have sought legal advice from xxxx Legal Services and I am writing to make a formal complaint against you.
On
[date] I bought the above
[item] from your website/store/dealership which was delivered/collected on
[date]. On
[date],
[……] days after purchase, it developed a fault
[describe issue(s)].
Section 9 of the Consumer Rights Act 2015 requires you to supply goods of satisfactory quality i.e. durable, safe, fit for purpose and free from minor defects.
The problem described above shows there was an inherent defect in the
[item] at the time of purchase and that it was not of satisfactory quality. You are therefore in breach of contract.
In these circumstances, I am requesting a repair. replacement or rejection (
Section 23).
Section 23(2) provides that any remedy must be provided within a reasonable time, without causing significant inconvenience and whilst the seller bears the necessary costs. If this cannot be done or a further fault arises then I will be entitled to reject the item and obtain a refund under
Section 24.
IF APPLICABLE: I am also entitled to recover my financial losses arising as a result of this breach of contract, pursuant to Section 19, as follows:
- [E.g. expert report]
- [E.g. travel]
Consumer rights are separate and distinct to any warranty or guarantee and cannot be restricted or excluded as per
Section 31 Consumer Rights Act 2015.
They are enforceable for 6 years after purchase against the seller.
I look forward to your response within the next 14 days failing which I reserve my legal rights to commence court proceedings against you.