Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hey folks, Mel, who left this thread, is my big sis, so I'd appreciate some help on this one. I have put together a brief letter for her to send to the shop, stating the problem and letting them know what she expects them to do to resolve the situation. I'd be grateful if somebody could give it the once over and let me know if you think it is suitable.
To Whom It May Concern
Dear Sir,
I recently ordered and purchased a pocket sprung, leather suite from your store, ***** Furniture, at *** ***** Road, *****. At the time of purchase I was shown a demonstration model in the shop, which appeared to be of high quality, and I was assured that it was made of leather and was pocket sprung. I spent a considerable amount of time trying out the demonstration model and was satisfied that it met my requirements, so proceeded with my order, paying £600 for a three seater and a two seater, as per the marked price. I agreed a delivery time and arranged that my old suite would be removed by yourselves at the time of delivery of the new one. The suite was delivered within the agreed time.
Following delivery, I unpacked the suite and was very disappointed to note that it differed significantly from the demonstration model I tried in the shop. Firstly, it had a different name and, although the label stated that it was pocket sprung, it has since transpired that the suite is, in fact, not sprung at all. Further more, the suite is not made of leather and is actually made of what appears to be very low quality vinyl. Following delivery, and to confirm my suspicions, I arranged, at my own expense, for an upholstery specialist to inspect the suite. He stated that the sofa is made of inferior quality vinyl and is not pocket sprung. More importantly, he stressed that the quality of material in which the suite is covered is so low that it is simply not fit for the purpose that it was sold and that the suite is likely to wear out within a couple of months.
With these issues in mind, as I am unable to use the suite for the purpose I purchased it, I am writing to advise you that I am rejecting the goods and rescinding the original contract. This is in accordance with my rights under the Sale of Goods Act of 1979 , which states that –
• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time".
I have tried to contact the shop by telephone to resolve this matter amicably. However, as I have been advised that the manager is currently on holiday and that nobody is willing or able to assist me until he returns, I have felt it necessary to put my complaint in writing.
What I Expect From You
1. As per my rights under the Sale of Goods Act of 1979, I expect to have the original purchase cost of £600 refunded to me within seven days of the date of this letter. Payment may be made by Cheque, payable to Melanie Moore.
2. I expect to have my out of pocket expenses, amounting to £45, returned within seven days, for the cost of employing an upholstery specialist to examine the suite.
3. I expect to have my original suite returned to me within seven days, in the condition that it was in when it left my home. Alternatively, I expect compensation of £300 to allow me to purchase a suitable replacement.
4. I further expect to have the new suite removed from my home within seven days.
For the avoidance of doubt, the seven days referred to in points 1-4, above, refer to seven days from the date of delivery of this letter, as per Royal Mail’s recorded delivery information.
Next Steps
If an acceptable solution is not forthcoming from your company in writing within seven days following delivery of this letter, I shall commence a small claims action in the county court, without further notice, to recover the purchase cost of the suite, out of pocket expenses and any additional costs associated with this action. In order to avoid additional expense, it is in your best interests to resolve this situation as soon as possible.
Please do not hesitate to contact me if you have any questions.
I would amend the bullet points in relation to SOGA. You need especially to refer to s. 13 which is a sale by sample. This implies a term that where there is asale by sample, the goods supplied shall accord to that sample IN WHOLE (so not just one of the chairs - the whole lot must).
You have in fact addressed the point in the text. It is worth pointing it out though.
The only other thing I do in my letters is to add a bit of (insincere) flattery - how disappointed you are becasue the seller is normally so brilliant - something like that (but that's just me). This is followed by a veiled threat such as "I understand that the report is quite suitable and useable as evidence in the courts, but trust that we can come to an agreement far before that stage."
But that's just me.
Overall though I am very impressed. It is well written, to the point, highlights the issues and states what you want to happen. Well done.
The only other thing I would do is to enclose a copy of the independent inspection Invoice. Providing proof that you have paid this money out that you are claiming back.
Rejecting Substandard Goods
and that nobody is willing or able to assist me until he returns, I have felt it necessary to put my complaint in writing.
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