Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder MrTierney Novitiate



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

    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)


  2. #2
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    Take a look through sections 20-24 of the Consumer Rights Acticon 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


  3. #3
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    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?


  4. #4
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    You can reject them, see below:

    http://www.legislation.gov.uk/ukpga/...ion/20/enacted

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


  5. #5
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    Again, thank you for the reply,

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


  6. #6
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    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 templatesicon no sorry...

    dx


  7. #7
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

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


  8. #8
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

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


  9. #9
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

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


  10. #10
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    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 Acticon 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 Acticon 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


  11. #11
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    yes you can uploadicon<<clickme


  12. #12
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

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

    Attached Files

  13. #13
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

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

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


  14. #14
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    Hi Martin,

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


  15. #15
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    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.


  16. #16
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    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.


  17. #17
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    Default Re: Legal Advice - RE: Purchase of Sofa Set

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

    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


  18. #18
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

    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.


  19. #19
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    Default 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 actionicon.
    Before doing so tho, come back and have your draft LBA checked over.


  20. #20
    Basic Account Holder MrTierney Novitiate



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    Default Re: Legal Advice - RE: Purchase of Sofa Set

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

    Attached Files


Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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