Legal Advice - RE: Purchase of Sofa Set from UKSOFAS - wrong colour want to charge return fee

[MrTierney]

Good evening,

 

I am not sure if this is the right place to be asking for advice about this but I thought I would post a thread.

 

I recently ordered a sofa set,

I paid them via online banking,

the first payment was the deposit and the second payment was the remaining money due,

they are clearly not what I ordered.

 

The sofas were delivered today and it was all a farce,

as I live in a flat I had to pay an extra £20 for them to carry them up to my first floor flat which I already did,

I had to argue with them for sometime before they rang up the company to get it confirmed.

 

They pretty much took all the packaging off before bringing them up and then just dumped them in my tiny hall way when they should have brought them in to my living room first and then unpacked them.

 

Now, heres the issue,

when one of the couriers brought the cushions up I thought they were the right ones

but after taking the last of the packaging off from the smallest sofa

it turns out the sofa does not match the picture on their website, the colors do not match etc.

(See images attached).

 

I have spoken to the manager over the phone and over email and he insists the correct sofas have been delivered and that I shouldn't have signed the delivery receipt if something was wrong and that he's willing to accept a return at my cost of £89

 

I shouldn't have to pay £89 if the sofas are not what I purchased,

no where on their website does it say if you want to return them, it will cost £89.

 

On the receipt it says the couriers should have unboxed them in my living room not outside,

it also states no price in the box where it says how much it would cost if the items needed returning.

It's states nothing on their website regarding returns as well.

 

Where do I stand legally with this as a consumer?

 

(I can't add pictures)

[martin2006]

Take a look through sections 20-24 of the consumer rights act 2015.

 

All you need to know should be in there. Anything you are unsure about, pop back to check.

 

Personally i wouldnt expect to pay a return charge for incorrect items delivered

[MrTierney]

Thank you for the advice,

 

I had a look over it but I don't understand it (I feel stupid),

 

the seller won't pay for the return,

 

am I able to force the return?

[martin2006]

You can reject them, see below:

 

http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

 

You have a short term right to reject if the items are not as described and have a look at para 8 re: returns charges

[MrTierney]

Again, thank you for the reply,

 

Are there any template letters I could use that you know of?

[dx100uk]

time to name and shame me thinks...

 

within 14 days of ordering...you can reject without needing a reason...

within 30 days you can do so if something is 'wrong'

 

you should not suffer any financial loss ....

 

there are no templates no sorry...

 

dx

[MrTierney]

He will refuse to pay to have them collected, will I need to speak to a solicitor?

[MrTierney]

I have sent them a letter today, explaining my legal rights (section 8) and it was send via Royal Mail Signed For.

[martin2006]

Paragraph 8 of section 20 is only part of it, can you scan and post the letter you sent please?

[MrTierney]

I can attach documents yet but I have copied and pasted it below, I thought I said all the right things, whoops.

 

Letter;

 

(My address)

 

 

 

UKSOFAS

Mr Jamil Hussain

41 Litchfield Road

Birmingham

B6 5RW

 

18th March 2017 Receipt # 0140

 

Dear Mr Hussain,

 

Under the Consumer Rights Act 2015, I have legally rejected the goods delivered on the 17th March 2017 which are the ‘Lucy 3 + 2’ Sofas Set as they do not match what I ordered. I can legally do this even if you think the correct sofas have been sent, please see below;

 

Under paragraph 8 of the Consumer Rights Act 2015;

 

(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

 

Please arrange collection of the sofas as soon as possible.

 

This letter has been sent to reserve my legal position.

 

I look forward to hearing from you,

 

Yours Sincerely,

 

Mr Kian O’Tierney

[dx100uk]

yes you can upload

[MrTierney]

I changed it to a PDF, the letter has been attached.

Rejection Letter.pdf

[martin2006]

I would have also included the s22 short term right to reject within 30 days after delivery if the items are not as described or expected.

 

But not to worry, its sent so hopefully they will see sense and do the right thing.

[MrTierney]

Hi Martin,

 

I can update the letter and send it to him via email?

[martin2006]

If youve already sent the letter then save the additional info for later if you need it, sending an updated one now will look like you dont know what you are doing.

[MrTierney]

How long do I need to give him and if he does not play ball what would be my next move?

 

Thank you for all the help so far.

[dx100uk]

I would be contacting your bank to see if you can reverse the payment.

 

for want of note to other readers of this thread

never ever pay by bank transfer.

 

it severally limits your consumer rights and the retailer will know this

which Is why they asked for payment that way.

 

use a debit card number to pay, or the very best way is use a credit card.

 

dx

[MrTierney]

I just phoned the bank, they are unable to dispute the payment as it was a transfer and not with my card so they can't do a visa dispute.

 

I'm probably £539.99 out of pocket then.

[martin2006]

A standard timescale for a response would be within 14 days, some may say 7 days, allow at least this before sending a letter before action.

Before doing so tho, come back and have your draft LBA checked over.

[MrTierney]

So, these are the pictures of what I ordered (right), and what I got. (left)

IMG_0171.pdf

Lush_Scatter_Back_3_and_2_Seater_Suite_1.pdf

[martin2006]

The only difference i can see is the rear cushions arent as in the pic, could you maybe ask them to change the cushions instead of rejection, i mean as an alternative resolution.

[MrTierney]

The faux leather should be a light brown, it's black in the picture, the seat cushions should be lighter too which is why I have to reject them. (Ordered another from DFS)

[martin2006]

Its difficult to compare the browns with the pictures

[MrTierney]

I just got a text saying that I should receive a reply letter in the next few days, so I can only assume he's not going to play ball, I guess I need to draft up the LBA letter?

[martin2006]

Scan a redacted copy of the letter when you get it.