Non delivery of sofa - over one year!

[Heatman]

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?

[Heatman]

anybody help please?

[42man]

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.

[Heatman]

ok so our option is a small claims court?

 

is there a POC we can use?

 

and what can we claim for? deposit plus 8% plus phone calls chasing etc?

[42man]

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

[Heatman]

thank you very much for your help here.

 

very much appreciated.

 

LBA going in the post!!

[BankFodder]

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.

[Heatman]

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.

[BankFodder]

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

[Heatman]

thank you chaps

[Mr lex]

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