This morning I sent an e-mail to Gillian Drakeford, headed Formal Letter Of Complaint.
Also just received a reply from the Citizens Advice.
"Based on the information you have provided the key legal points in response to your enquiry are as follows:
There are two areas of law which govern the UK. There is criminal law and civil law. Criminal law is the area of law that determines actions which are harmful to people and their property. It often carries fixed penalties as a means of punishing people for their wrongdoing and is enforced by bodies such as Trading Standards and the Police.
Therefore, as the trader's actions could be considered a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008, the information you have provided will be passed to ****** Trading Standards for further consideration. The case details will also be placed on a central data base that can be accessed by all the other Trading Standards throughout the UK.
Although we work closely with Trading Standards, we are a separate organisation. As such, we pass complaints of this nature to Trading Standards for them to evaluate whether or not action can or should be taken. Individual complaints do not necessarily lead to immediate enforcement action as sometimes a number of complaints are needed to take effective action. The information is, however, valuable intelligence allowing Trading Standards to properly prioritize their activities.
UK civil law defines a representation as 'a statement of fact, made during pre-contractual negotiations; as an inducement to enter into a contract'. As such, if a purchaser discovers that such a statement of fact is false, they could claim the seller has misrepresented the product and hold the seller in breach of contract. This could allow the purchaser to seek damages or rescission (be placed back into their pre-contractual status) or an indemnity for any expenses.
Therefore if you can provide reasonable argument that the trader disclosed false information that persuaded you into purchasing that bed from that specific trader, you could look to hold the trader in breach of contract and pursue them for a suitable form of redress.
What you may seek is dependent on the severity of the breach. To clarify, if the breach is serious, you may seek to end the contract and claim a full refund of any monies already paid; whereas if the breach is minor, it may be more appropriate to claim a partial refund that reflects the nature of the problem.
Any other costs you incur as a direct result of the breach of contract are known as ‘consequential losses’ and you may ask to be reimbursed for these costs. It is important that you take all reasonable steps to keep such costs to a minimum, and you may need to provide some evidence of what the losses are and why you believe the trader is responsible.
Please note that the trader would not be obliged to place you in a position of betterment. To clarify, the trader is not expected to put you in a more advantageous position than you would have been in had the information supplied by the trader been accurate.
Although it is rarely necessary, it is important to remember that, if the trader refutes your claims and refuses to offer any redress; as the claimant you may need to consider taking further civil action through the civil courts. Ultimately only a court can decide what, if anything you are entitled to and order the trader to provide that redress. From 01/04/2013 the Small Claims track allows any claimant to make a civil claim of £10,000 or less against any defendant for a nominal fee (starting at approx £30). There is no need to employ a solicitor, and the court protocols are fairly easy to follow – see https://www.moneyclaim.gov.uk/web/mcol/welcome for further information.(If the link does not work, please copy and paste it into your browser address bar.)
A civil court would expect any claimant to be able to justify and mitigate (make less severe) their claim and also demonstrate taking civil court action was the last course of action available to them in order to settle their civil dispute once and for all.
Therefore you should consider sending the trader a recorded delivery letter, outlining everything to date, and giving a deadline to resolve the matter within a set period of time (e.g. 14 days). Make it very clear what you expect from the trader, and what steps you will consider taking should they fail to comply with your request. It is also worth retaining copies of everything sent, for your records.
Sending letters by recorded delivery will allow you to track the letter using the ‘Recorded Signed For’ label the post office supply you with; to make sure the trader receives the letter. Subsequently, the trader would be unable to claim that you have never made them aware of your intentions should they fail to comply with your request."