Consumer Forum

Consumer Information

  • Clear and Practical Consumer Advice
  •  
  •  
Consumer Direct

Support Us About Us


Go Back   Consumer Forum > >

Reply
 
Thread Tools Display Modes
  #1  
Old 29th August 2008, 02:49 PM
tonisdad tonisdad is offline
Consumer Newbie
 
Join Date: Aug 2008
Posts: 3
Thanks: 0
Thanked 0 Times in 0 Posts
tonisdad is an unknown quantity at this point
Default Returning goods

Hello there
Could anybody tell me what the law is on returning faulty goods. In this case it is a horse a real horse so expensive to transport.
I made my complaint to trader and made it available for collection I even offered to meet halfway am I within my rights I should mention I collected the horse initially. If I am within my rights can anybody tell me what piece of legislation I quote and where to find it.
Kind regards.
Reply With Quote
  #2  
Old 29th August 2008, 07:29 PM
Tony's Avatar
Tony Tony is offline
What Consumer Founder
 
Join Date: Apr 2008
Location: Bolton
Posts: 21,849
Thanks: 141
Thanked 239 Times in 201 Posts
Blog Entries: 2
Tony is an unknown quantity at this point
Question

I am sure there was a Monty Python sketch about a faulty horse or was it a dog. Anyway, did you buy the horse from a trader and I must ask - what was the fault? There will be lots of precedent under common law to quote as people have been buying and selling horses for a longer than there has been law. Has the trader agreed to give you your money back? Are you asking about the cost of returning the animal?

Tony

Last edited by Tony; 29th August 2008 at 07:31 PM.
Reply With Quote
  #3  
Old 29th August 2008, 09:26 PM
tonisdad tonisdad is offline
Consumer Newbie
 
Join Date: Aug 2008
Posts: 3
Thanks: 0
Thanked 0 Times in 0 Posts
tonisdad is an unknown quantity at this point
Default

Tony
Not sure about Monty Python!!
Regarding the horse it was suposed to be a schoolmaster in other words safe for a novice, it threw my daughter off first time she rode it. It had diseases the seller tried to cover up.
The case had been awarded against the seller in their absence once but it was then set aside, they said they had never received solicitors letters 8 or court letters. I can only guess the judge had to believe her.
They then offered me the purchase price back after I had fed and watered the horse for 6 months, in the initial court order I had been awarded costs for upkeep. They would only give me my money back if I retuned the horse to them, even though at the setting aside judgement the judge said I was in my rights to tell them to pick the horse up. When I made my initial complaint to the trader after having the horse 4 days I even said I would meet them halfway
That really is my question was I within my rights to make the goods (horse) available for collection if so does anybody know where I can find the legislation I can`t find anything in sale of goods act.
Thank you.
Reply With Quote
  #4  
Old 30th August 2008, 11:29 AM
Tony's Avatar
Tony Tony is offline
What Consumer Founder
 
Join Date: Apr 2008
Location: Bolton
Posts: 21,849
Thanks: 141
Thanked 239 Times in 201 Posts
Blog Entries: 2
Tony is an unknown quantity at this point
Default

I think this is the clause you are looking for

Quote:
36 Buyer not bound to return rejected goods

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.
Form: Sale of Goods Act 1979 (c. 54)

Your duty of care to look after the horse cannot be unlimited. I think it expires after six months - just trying to find something on this. This would mean you could dispose of the horse and still get a refund.

Tony
Reply With Quote
  #5  
Old 30th August 2008, 11:39 AM
Tony's Avatar
Tony Tony is offline
What Consumer Founder
 
Join Date: Apr 2008
Location: Bolton
Posts: 21,849
Thanks: 141
Thanked 239 Times in 201 Posts
Blog Entries: 2
Tony is an unknown quantity at this point
Default

It wasn't a horse, or a dog. It was a parrot... how could I forget that.

Dead Parrott
Reply With Quote
  #6  
Old 30th August 2008, 12:23 PM
tonisdad tonisdad is offline
Consumer Newbie
 
Join Date: Aug 2008
Posts: 3
Thanks: 0
Thanked 0 Times in 0 Posts
tonisdad is an unknown quantity at this point
Default

Tony your help is invaluable but I must mention I picked the horse up initially do you think this might alter things.
Your comments on duty of care might come in handy.
Cheers Paul
Reply With Quote
Reply

Tags
common law, duty of care, faulty horse, horse


Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Forum Replies Last Post
Returning faulty goods plus batteries Penny Consumer Law 0 9th November 2010 04:12 PM
returning goods described as universal.... chilli68 Shopping 1 5th October 2009 11:46 PM


All times are GMT +1. The time now is 08:40 AM.

The information on this website does not constitute professional advice. Advice is taken at your own risk.
Contact Us - UK Consumer Forum - Archive - Privacy Statement - Top

Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Search Engine Optimisation provided by DragonByte SEO v2.0.9 (Pro) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Copyright 2008-2016