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Cagger since : Mar 2017
Posts : 15 (1.26 post per day)
Legal Advice - RE: Purchase of Sofa Set from UKSOFAS - wrong colour want to charge return fee
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.
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;
(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.
Cagger since : Jul 2006
Posts : 3,855 (0.98 post per day)
Re: Legal Advice - RE: Purchase of Sofa Set
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.