Hi I purchased a fish tank with parts that were described as brand new. I saw it before buying and the outside of this filter looked new to me. However when I got it home and opened it up the whole thing was messy and bacteria laden. My other tank had broke and so I got emergency delivery same day of the tank at a considerable expense. I could not get the tank up and running as none of the local shops I went to sold the replacement parts. The guy at the fish shop said the sponges were so worn and dirty that without new sponges it would not work. It was advertised as fully functional and I would have never bought it if it was spares and repairs.
My fish are now dead and I have autism and these fish were therapeutic for me. I had a strong bond with them and now they are dead my psychologist has noted a significant deterioration in my welfare. In fact my fish dying is more upsetting to me than losing £800 on a non-functional tank. I would pay another £800 just to have them back.
The vendor has refused to collect the tank as he does not want it back. He is a private seller not a company. I have sent a pre-legal letter and given him 14 days to collect the item but he sent me a text telling me never to contact him again.
In 14 days I have 2 options: sell tank for spares and repairs and deduct that amount of small claims cost, or get the tank delivered back to his house (I will need a removals firm as it is too big for a car) and then recoup the cost of delivery at court.
Please advise on whether I should get the tank dropped back off at his house or sell spares and repairs and deduct amount. Please also advise if I should claim emotional distress. My psychologist has said she will write a court report if I need one.
My fish are now dead and I have autism and these fish were therapeutic for me. I had a strong bond with them and now they are dead my psychologist has noted a significant deterioration in my welfare. In fact my fish dying is more upsetting to me than losing £800 on a non-functional tank. I would pay another £800 just to have them back.
The vendor has refused to collect the tank as he does not want it back. He is a private seller not a company. I have sent a pre-legal letter and given him 14 days to collect the item but he sent me a text telling me never to contact him again.
In 14 days I have 2 options: sell tank for spares and repairs and deduct that amount of small claims cost, or get the tank delivered back to his house (I will need a removals firm as it is too big for a car) and then recoup the cost of delivery at court.
Please advise on whether I should get the tank dropped back off at his house or sell spares and repairs and deduct amount. Please also advise if I should claim emotional distress. My psychologist has said she will write a court report if I need one.
Emotional distress in small claims for faulty goods
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