August 2008


What to do When a Company Won’t Allow you to Return a Damaged Item

Summary

My husband is a self employed handy man. He bought a shower tray from a company for one of his customers but when he came to install it he found it had a dent in it. The company won’t refund him the money because they say it was checked before he had it and it was perfectly OK and that he should have checked it on delivery. My husband says that it would have been impossible for anyone to check it thoroughly as it was sealed up with plastic. What can he do?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My husband is a self employed handy man. He bought a shower tray from a company for one of his customers but when he came to install it he found it had a dent in it. The company won’t refund him the money because they say it was checked before he had it and it was perfectly OK and that he should have checked it on delivery. They also say that the customer must have damaged it. My husband says that it would have been impossible for anyone to check it thoroughly as it was sealed up with plastic. Its #160 that he stands to lose which is alot when you’re self employed. What can he do?”

We note that you are not in the United States, as you are talking about a loss of pounds, rather than dollars. Of course, we cannot begin to guess on the status of the law which would cover this transaction in another country.

However, practically speaking, your husband may wish to a) ask the customer if they are willing to accept the dented tray at a reduced price (so that he is not out quite so much money), b) try again to appeal to the store – if he gives them a lot of business they may not wish to lose that business, c) contact the *manufacturer* of the shower tray, and explain his situation, and/or d) purchase another shower tray – from another distributor – for his customer, and then try to *sell* the damaged shower tray online to try to recoup some of his losses.

My Spouse is Taking her Time Completing our Marriage Separation Agreement, Am I Still Responsible for Paying Our Shared Bills?

Summary

My wife is “dragging her feet” on the completion of a Marriage Separation Agreement. Am I obligated to pay the mortgage, utilities, and other bills without an agreement in place?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“My wife is “dragging her feet” on the completion of a Marriage Separation Agreement. Am I obligated to pay the mortgage, utilities, and other bills without an agreement in place?”

Whether or not you are obligated, it’s prudent to do so, however you should have your lawyer a) file a motion to have the court put a timeline in place for the completion of the MSA, and b) make sure that you are reimbursed for expenses incurred during the separation.