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By jazztheman · Posted
Looking for advice if I can request a refund? I purchased a new reclining sofa and two single chairs from a local sofa company. I paid a £100 deposit a few weeks ago and the remaining balance when the goods were delivered which was yesterday, all of the payments were made with a debit credit card. When the furniture arrived it was not as expected, the reclining mechanism is very poor and will not stay up when weight (i.e. your legs) is applied to the reclining rest . The material on the sofa is awful and is marked and looks like the furniture is second hand and not new. Before I tackle the Sofa shop I would like to find out my legal rights and if I could request a return for a refund. Thanks -
Officials are expected to challenge the company's business practices, the BBC's US partner CBS News reported.View the full article -
thread title updated please complete this: and post up the defence you filed too not sure where you got that from... is this the same issue? Logging on to MCOL - is the site down? - Financial Legal Issues - Consumer Action Group -
thanks for bothering to update us after all the free help.... dx
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what happened? dx
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Hello,
On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
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.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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