Solicitor Brighton

What rights does the Sale of Goods Act give me ?

The Sale of Goods Act affords consumers with the right to receive goods “as described”, “fit for purpose” and “of satisfactory quality”.  The Act applies to both new and used goods, although you should bear in mind that standards regarding quality for used goods, for example, cannot be realistically as high as new goods.  If you are sold goods which do not meet these three standards, you are entitled to a refund, a replacement, compensation or have the item repaired.  The remedies you will have entirely depend on the circumstances, such as how long you have owned the goods and the point at which you might “reasonably” be expected to discover defects if applicable.  You are entitled to take any claim to court within six years of purchase, although it is advisable to bring any claims within six months as the burden of proving that the goods fulfilled the three broad standards (quality etc.) will be on the retailer.

I am not entitled to legal aid for my particular claim and cannot afford to fund it myself.  What options do I have ?

Many law firms for particular types of claims (such as personal injury) are prepared to offer their services under a no win no fee agreement (which is formally known as a conditional fee agreement).  Quite literally, if you do not win the case, you will not have to pay any fees.

I am owed some money and I want to get it back.  What should I do ?

If you have exhausted your own personal resources (for example, you have contacted the debtor personally) or simply do not have time to chase the debt, it obviously makes sense to seek advice from a debt recovery solicitor.  The general pattern of action a solicitor takes will include sending letters and perhaps stator demands requesting the debtor to pay, and finally action through the county courts or high court if the debt is very big.  Depending on the size of the debt, there are three tracks in the county courts: small claims, fast track and multi track.

I am having a dispute but I am not particularly excited about taking the issue to court.  Are there any alternatives ?

The alternatives to settling a dispute through the courts are mediation and arbitration, which are literally referred to as methods of Alternate Dispute Resolution (ADR).  Mediation emphasises compromise; a professional mediator is used to try and find common ground between the parties in order to settle the dispute.  In arbitration, a third party is chosen by both parties to a dispute and called upon to come to a judgement on the issue. Both methods are fully embraced by the law such that any agreement (in the case of mediation) or judgement reached can be made legally binding.  However, to enter into mediation or arbitration, both parties must be willing otherwise the dispute will have to be settled through traditional means (the courts).