In what scenario can you progress to a small claims court?

Guffy

I bought a second hand lawnmower from a lawnmower shop. I was told it was an industrial motor and was a very good machine. I asked about the warranty and was told it has 3 months and they'll give me credit in that time.


I brought the lawnmower home and that day it gave me trouble. The engine didn't seem to tick over right, kept reving at the higher speed and when i turned it off to empty the grass from the bucket it would take about 10 min to cool down before it would restart.


I brought it back in, fairly annoyed and asked for a refund. He said he doesn't do refunds, to which i replied if the lawnmower was fit for purpose i wouldnt be looking for one. His argument was if he gave refunds anyone could take a mower, cut the grass and return it, he was fairly thick about it too. If it happened at the end of the 3 months then fine but for it not to work from day 1 is unnacceptable. Anyway he said he would repair it. I know he has the option to do the r, r &r so said fine.

Picked it up yesterday, he said it was a dirty carburetor and "someone" put dirty fuel into it. Fair enough, maybe it was dirty (im prety sure it wasn't and he jad fuel in it already). It was in the shed for a few months. So i went and bought a new container and new fuel.

Brought it home and on a small cut the exact same thing. Reving on the higher speed and had to let it cool down to restart.

I gave him the opportunity to repair it. Do i have to accept a credit note when i go back? Tbh I've lost all confidence the shop and would rather a refund and take my business elswhere. I know he said they don't do refunds on the second hand lawnmowers but surely it still has to be fit for purpose. I wouldn't mind so much if he wasn't so aggresive when i brought it back.

Apologies to anyone who stuck that out, thanks in advance.

NUTLEY BOY

See http://www.courts.ie/Courts.ie/Library3.nsf/PageCurrent/A9C6E93D70127EF38025810D0034EAD6?opendocument&l=en

See http://www.citizensinformation.ie/en/justice/courts_system/small_claims_court.html

Not legal advice but offhand I think that some technical evidence to verify the defectiveness of the product would be a basic proof.

Retailers who say that just don't do refunds need a slap as that is usually a glibly wrong statement of the law

Samuel T. Cogley

You'd be better off asking for this to be transferred to consumer issues. Legal advice can't be given here where as there they like to quote the Sale of Goods Act more than, well pretty much anything it seems. You'll get some good practical advice too usually.

In short if they won't do anything for you Small Claims Procedure but he did say it was a credit note when you asked about warranty and it is second hand.

Guffy

Mods can i get this transferred to consumer issues please?

IsaacWunder

His argument was if he gave refunds anyone could take a mower, cut the grass and return

Does he not realise grass grows back? Jesus wept.