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Non delivery of sofa - over one year!


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Long story short, trying to help out a friend who put a 600 deposit down over one year ago on a 1800 pound sofa, at a small independant furniture retailer, and the retailer keeps fobbing him off with it will be delivered next week, next week etc

 

Obviously after a year this excuse is running thin.

 

We have al the paperwork/reciepts/invoices to confirm depostis paid.

 

What action can we take to recover our deposit please?

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I think you should send a letter entitled LETTER BEFORE ACTION requesting that they return the deposit, if they do not do so within 14 days or deliver the sofa you ordered then you will have no other option but to take the matter to the small claims court.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

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Write the LBA first, see if they respond to that.....as for the POC's then I would write something along the lines of

 

The claimant paid the defendant the amount of XXXXXX

 

The claimant etc etc...

 

I think you may get some more input here first though....I might see if I can get somebody to input to this...be patient

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Why on earth have you waited a whole year? I'm gobsmacked.

 

By a contract dated XXXX the defendant agreed to supply a sofa to the defendant for the price of £XXXXX

 

The claimant paid £XXXX to the defendant on XXXDATE

 

It was a term of the contract that the sofa would be delivered within XX week - (or "within a reasonable time")

 

The defendant has failed to deliver the sofa

 

You claim the money you have paid plus any expenses incurred trying to get it delivered - phone calls etc (must be reasonable or provable)

 

You could add, say £100 for loss of enjoyment of the sofa - no more

 

Add interest of 8% pa from the data that the sofa should have been delivered.

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Why on earth have you waited a whole year? I'm gobsmacked.

 

i know lol, exactly what i said, i think out of pride he kept quiet in the hope he would get delivery and bought all the excuses from the retailer.

i am certainly, with the kind help of this forum, going to make sure a claim is filed and try to add up as much in costs as we can.

people like this retalier need punishing.

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You could also consider suing for the cost of a suitable replacement - if that replacement would be more expensive.

 

For instance, you say that the sofa cost £1800.

 

If you find that the only way to get another sofa of the same type and quality would cost you £2000 then you can sue for your deposit back plus the £200 needed to buy the more expensive sofa.

 

You will have to produce evidence of the prices of the more expensive sofa

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I am with 42Man here,

 

My 1st step would be an LBA.

 

......................................................................................................................................................................

 

Your Name

Address

 

Their Name

Address

 

Letter Before Action

Dear Sirs,

 

On the (insert Date)

 

I paid a deposit of £xxxx for a sofa (name or model)

 

The Sofa, any timescale for delivery or a refund has not been delivered or refunded to me.

 

I require the sofa I ordered or a full refund of £xxxx to be made within the next 14 days.

 

After 14 days I will be submitting a N1 small claims form at County Court.

 

There will be no further communication from me on this matter.

 

Name

 

.............................................................................................................................................................

 

Send this off,

 

Ive not long ago had a similar problem, I have a POC to fit and will pass it on to you if we don't get anywhere with this.

 

I have to ask, why has your friend left it this long ??

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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