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    • Thank you BankFodder. I will do as you suggest to get everything in writing first and will construct the letter of claim over the weekend. Is it best to use the format for the letter of claim as the one on this website? Lastly, did I read the judgement correctly for the Farooq judgement as its not quite clear to me which act I am covered best by?
    • A letter of claim can't be served by email as per CPR 6.3 unless you've specifically told them. Also can't give you 7 days to pay, they've got to give at least 14 days. They know this, they're just hoping you wet yourself and cough up. This won't be going anywhere. IGNORE.
    • Good Morning, I received a speeding ticket last December, I had requested further information from the ticket office which they provided, I also sent back the form confirming i was the diver at the time, however, i had overlooked the signature at the bottom of the page, nobody from the ticket office got back in touch to mention this and i was trying to book a course with no luck, I got in touch with them and sent them a screenshot showing them I was unable to book the course, they came came back to me and said we have no documents to say you were the driver (they did they just failed to mention I never signed it) they re sent the form and it was over the 120 days, i had mentioned to them previously that the timeframe was coming up and they would need to extend this. They are now saying they have complied legally and i need to accept the 3 points, I am trying to plead my case and I am tempted to let this go to court and provide the evidence of my constant communication on the matter. has anyone got any experience with this? TIA.
    • Thank you. I'm looking into it at the moment.  Straight away it says last sold in 2007. Thank you every one for all your help. It's much appreciated. 
    • Just on bankfodder's final point above. The Title Register you get online for £3 can't legally be used as proof of ownership for the property. Right now they'll suffice to see if there's an asset there. Should you need to use it in court to say he's trading at that address, you'll need to fill out an OC1 form with HM Land Registry to get an official copy in the post, which costs £7.00. Make sure that you get the Title Register, not the Title Plan! Title Register will tell you who owns the property etc while the Title Plan will tell you the property boundaries etc which isn't relevant in this case.  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Rejecting Sofa From SCS


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We've just had two sofas delivered on Tuesday afternoon but hav dinky got around to examining them thoroughly in daylight today, what we've found are two different shades of light and dark patches on our Sofas, the sofas in quaerion are in a charcoal herringbone material.

 

Now what I want to know is can I reject them without having to wait for a technician to come round and examine them like they suggested when I rang the store today,my main concern with that is that would take us past the 14 day deadline?

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In fact under the Consumer Rights Act, you have a 30 day deadline in which to assert your short-term right to reject. The assumption is that there is a defect which was there at the time of sale and by rejecting the goods within the first 30 days, you are entitled to a replacement or full refund at your option.

 

In any event, even under your 14 day deadline, I would assert the rejection by putting it in writing and sending it to them recorded delivery.

 

In a separate envelope assert your short-term right to reject under the Consumer Rights Act and say that you want a refund or replacement – you choose.

 

I suggest that you enclose photographs if you can of the problem.

 

Of course although you are asserting these rights, the difficulty may be in getting the supplier to accept the rejection. However, the most important thing is to get the rejections in within the deadlines and in writing.

 

After that if you get any difficulties come back here

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  • 3 months later...

Another update on our current plight .

 

We exchanged the above faulty sofa for one of their Laxy Boy sofas which costs us a further £500,

this was deceived at the end of May and low and behold this one was also faulty with numerous faults

 

 

the main one being a tear at the rear of one of the sofas when it was delivered.

We immediately rejected the sale again and a technician came out two weeks ago and said the the fault could be repaired but we've rejected this.

 

Their head office called last week trying to fob me off with a repair

I stuck to my guns in refusing a repair and they said they would contact the store we purchased it from.

 

 

Fast forward to the here and now

we've been up to our local store and the manager said we could choose another one from the leather range as we had no confidence in the fabric sofas, he said that he'd have a word with his regional manager and see if they could pay the difference to.

 

I received a call the following day saying the regional manager was prepared to put £250 to the costs of an upgrade ( the total costs would be an extra £1000 )

we've declined this offer and said either they pay the outstanding difference or we'll have a full refund of the deposit of £700 and cancel the credit agreement for the rest.

 

 

We're now awaiting a decision

to be quite honest we just want a refund even though this will mean we'll be without a sofa ( And I'm recovering from major surgery in a full leg cast ) whilst we locate another.

 

 

My question is

how long would it take for our contract to be cancelled so we can finance another,

I've heard some horror stories of people having to wait until it goes to the small claims court before they see a refund?

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