My faulty fridge caught fire and burnt down my kitchen. Am I inside my legal rights to say for a brand new kitchen from the manufacturer?
E.W., by email.
Dean Dunham replies: It’s possible you’ll have the ability to. Under a law called the Consumer Protection Act 1987, you possibly can make a claim against a manufacturer of products, if the products are defective and such defect causes damage to your property or an injury to you.
A product is flawed if its safety just isn’t what you’ll generally expect.
This must consider the warnings and product instructions provided, plus how the product could reasonably be expected for use.
Fridge blaze: Can a reader demand their fridge manufacturer pay for a brand new kitchen after their faulty unit malfunctioned and began a devastating fire
Nevertheless, as with every little thing, there are also quite a lot of exclusions and certain defences the manufacturer can use to legally dodge your claim.
By means of example, the manufacturer can potentially reject your claim in the next circumstances: the worth of your loss is lower than £275 (obviously not the case here), you did not follow the user instructions and due to this fact the fault was attributable to your ‘mis-use’ of the products, you had did not take notice of a security warning or product recall notice (although the manufacturer would have to point out that such warning or notice had been dropped at your attention), or the difficulty arose because of ‘wear and tear’ and due to this fact the products are past their shelf life (this defence should only work where the products are very old and there was a transparent notice provided to verify how long the products should last).
And the opposite defence manufacturers are inclined to use is ‘there have been no defects when the products left our warehouse’ (which is difficult for them to prove).
As long as you usually are not caught out by any of the above defences, you’ll have the ability to say for a brand new fridge and for the associated fee of a kitchen (including installation).
It is usually vital to notice that unlike a claim against a retailer for faulty goods, while you claim against a manufacturer under the Consumer Protection Act, it doesn’t matter if it wasn’t you who purchased the products.
Ticket scalper charged me triple
I’ve bought concert tickets through a third-party ticket-selling website.
Nevertheless, the tickets were triple the worth of those on sale on the venue. Is it legal for the vendor to charge me so way more?
J. F., by email.
Dean Dunham replies: Secondary ticket sellers have a legal obligation under Section 90 of the Consumer Rights Act 2015 to supply certain information to consumers before they commit to buying the tickets.
As a part of this, consumers have to be informed of the ‘face value’ of the ticket and have to be made aware that they’re buying from a secondary ticket agent.
For those who were made aware of all these small print before you bought your tickets, then, unfortunately, there may be nothing you possibly can do.
Nevertheless, if this information was not made clear to you, you then can demand a full refund on the premise that the vendor has breached the Consumer Rights Act, leaving you with the suitable to reverse the ticket purchase and get your a refund.
If the ticket seller ignores or rejects your claim, you possibly can make a chargeback claim in case you paid together with your debit or bank card within the last 120 days.
If the period has exceeded 120 days and also you paid together with your bank card, you possibly can make a Section 75 claim. This is applicable to purchases above £100 and permits you to claim back the associated fee of the tickets out of your bank card provider, somewhat than the vendor.
In either case, you will have to contact your card provider, tell it you paid in your card and there was a ‘breach of contract’ (it’s because the ticket seller here has breached Section 90 of the Consumer Rights Act), and also you due to this fact want to say under the chargeback scheme or under Section 75, because the case could also be.
- Write to Dean Dunham, Money Mail, Scottish Each day Mail, 20 Waterloo Street, Glasgow G2 6DB or email firstname.lastname@example.org. No obligation could be accepted by the Each day Mail for answers given.