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Damanged Furniture Issue

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Hi all,


Ok, not sure if this really goes into any sub-fora, or whether anyone can help at all, but here goes:


At work, I have been approached by a member of staff (who knows I'm involved with all things consumer rights and consequently wanted my advice) regarding an issue at our business. Unfortunately, my knowledge of all things consumer doesn't really extend beyond hunting banks and removing DCAs.


Right, it seems that our company ordered some furniture from an office supply company some time ago (over a year ago now). The furniture was invoiced and delivered, but, apparantly arrived in an awful state, with a lot of it broken and almost all damaged.


Complaints were naturally made, and the company who supplied it came to collect. Apparantly at no time were delivery notes left, or proof of their being there to collect, but the furniture was collected nonetheless and taken away. My company does, however, have copies of all the original invoices for the goods.


A while later, the furnitaure company began demanding payment of the invoices for the items. My company contacted them and told them that the items had been returned and that no replacements had been sent. We were ignored, so continued to call and email. Eventually, we were told that no record of collection had ever taken place.


Cue several more irate emails (we have copies of most of these), until the MD of our company called the furniture company. He was apparantly fobbed off and, when he became insistent, the person at the end of the line told him they would transfer him to their legal team. The phone went quiet for a few minutes, then the same person came on the line claiming to be the legal representative. Our MD told them in no uncertain terms they were the same person, at which point they admitted it but told the MD that they had no record of colelction ever taking place.


Since then (for a period of roughly 2 years) the furniture company has repeatedly claimed they have no record of a collection. Within the last eight months or so, my company has now started receiving DCA letters for the outstanding invoices.


Now I should point out that all of what I've just said happened long before I started at the company, so this post is based on what I have been told by the employee who has asked my advice on this matter.


That said, I am in receipt of multiple DCA letters for the outstanding amount, the original invoices, and a lot of emails from both my company and the furniture company, all fo which lead to the same impasse; insistence that a colelction took place on one hand, denial on the other.


Right....so where do we stand? Anyone?

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Let me get this right:


The company collected the faulty goods,but no paperwork was signed for or receipt?


Then the client didn't pursue in any showable form a replacement or credit for the damaged goods?


They only acted once the supplier started pursuing for monies and then said they were still waiting for replacement?


Boy, are they screwed... :-(

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Pretty much what I thought, yes.


Apparantly, the Furniture Company (let's call them the Supplier for ease of reading), supplied and invoiced a load of faulty items to the Company.


The Company told the Supplier to take them back as they were faulty.


The Supplier turned up and took them back, but left no notes of reference to having made the collection (which I find suspicious).


The Supplier then demands invoices are paid.


The Company informs the Supplier they collected the faulty goods and they (the Company) are waiting for replacements).


The Supplier denies all knowledge of having collected any faulty goods, and passes accounts to DCAs.


DCAs begin chasing the Company.



I personally find a lot of what I've been told highly suspicious, but, I can only go on what I've been told. I'm going to assume that the Company hasn't really got a leg to stand on, but just wondered if anyone could cast any light at all on where the Company vs Supplier dispute stood.

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IMHO, if the suppliers were to take the company to court, the company wouldn't have a leg to stand on.


If the suppliers decide to flog off the debt to a DCA, well, that's a different kettle of poisson as you know... ;-)

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Looks like they're stuffed unless the original delivery was not signed for.


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