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    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
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oak furniture turns out to be oak veneer!


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Appears to be a lot cheaper in price in that link as well slick !

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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A difference of £45 but that's not bad.

 

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Hi, you can see the chipwood underneath the desk before the leg parts are screwed on (I think the legs are structured to cover the ends of the chipwood that are visible) which are the sides and the parts that hold the drawer in place. The desk top also looks like chipwood but we can only see this by the screw holes. is there any way I can email a picture to you?

 

 

Its rather like the MFI flat pack furniture from years ago. Chipwood with a thin layer of veneer over the top that tends to start lifting on the corners!

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If you have a photograph, you can upload it to your thread. If you follow the instructions below, you should have no problems.

 

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

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but leave all figures and dates.

Go to one of the many free online pdf converter websites

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open a new message box here

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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here goes! I've attached 3 pics (hopefully) 1 showing the desk structure. the pics of the individual screw holes are of those in the desk top. Looks like chipwood to me but i'm not an expert. The pics are not great but hopefully you'll be able to see enough. Thanks again for help & advice

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that's chipboard alright!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Dolly,

 

It most certainly is CHIPBOARD. It appears to have either a thin veneer or, more likely, a Melamine surface (MFC or Melamine Faced Chipboard).

 

If your paperwork calls this an oak item, I would reject it formally in writing and demand a full refund after returning the desk to the store. Get a staff member to sign a receipt for the item you return.

 

If the store refuses to refund, I would make a complaint to the Furniture Ombudsman or take court action.

 

If it is referred to as oak veneered or oak coloured, I doubt you have any recourse. Proving you were told something misleading by the sales staff would be difficult to prove.

 

I know you referred to the description earlier but you now need to confirm exactly what the invoice says about the desk.

 

:-)

Edited by slick132

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If you were to take it back to the store (after hiring the van of course) take someone with you and video what happens. Outside the store you can video what you want. Inside you would need to be more covert. That other person can also be a witness to what AHF tell you.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi, it only says oak on the invoice. nothing else. I do have 3 witnesses as to the conversation but they are family so probably deemed biased? I have to say I am quite reluctant to return the furniture as I can pretty much guess that they will not sign for it, at which point should I leave it there? even if filmed I could be held responsible for it?

 

 

Slick - wasn't you told by the other store that it was oak panels with veneer? so they're being misleading as well?

 

 

I'll look into hiring a van tomorrow and i'll get onto Barclaycard again just to see if they're any further forward before sending a letter.

 

 

I really appreciate your advice everyone, thank you.

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just one other thing - should it be a problem that I want to return all the items as I bought as a range / matching package? and as I haven't opened up the other items I don't know if they're constructed exactly the same.

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Slick - wasn't you told by the other store that it was oak panels with veneer? so they're being misleading as well?

 

Not necessarily. Oak veneer over oak panels = oak throughout. However, let's stick to your case ............

 

If your invoice just says "oak", then I think you have the right to return the desk, as it is not sold as described.

 

The manager was wrong to say there's nothing they can do and so was Cust'r Services as per your post #6.

 

You need to write to the Co and tell them :-

 

The desk you bought is not oak as described and includes cheap chipboard covered with Melamine or veneer. Therefore it is rejected as it was not as described on your invoice.

 

The desk is part of several items you bought to stand together and you therefore reject all the items.

 

It is the store's responsibility to refund your money in full.

 

It is the store's responsibility to collect the items as they are too bulky for you to transport.

 

You expect their urgent response with proposals to refund in full and collect the items quickly.

 

If they fail to address your needs, you will consider a formal complaint to The Furniture Ombudsman, a chargeback by your bank or county court action to recover your money.

 

Have you checked yet to see if you paid by Credit or Debit card.

 

:-)

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You should obtain proof of posting for your complaint. If this were me, I would invest in the Special Delivery service so that you are guaranteed a signature and next day delivery.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 2 weeks later...

I've just received the response from AHF head office and

 

they're stating that the goods delivered to me are as displayed in the store (as already stated in their previous email).

 

They have spoken with the manager in the store and he confirmed that I inspected the furniture very thoroughly,

(I looked it over as you do, I didn't upend it or take screws out etc.)

 

It is therefore with regret that they cannot progress this matter any further.

 

They go on to say that they are full members of the ombudsman and will stand by any decision they award!

 

Barclaycard want me to send them the stores terms & conds.

and any proof I have that the furniture isn't as described

 

(how do I prove that?).

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The only thing I can find is the website terms and conditions and this relates mainly to internet orders.

 

You do have the invoice which you could photocopy and send.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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As per post #34 above, if your invoice describes the item as oak, and not oak veneer or oak colour, then I think the items are not as described REGARDLESS of :-

 

1. The conversations you had with staff.

 

2. How well you inspected the furniture before buying it.

 

Send BC a copy of the invoice and of any T&C's that were on the invoice or that were given to you at the time of purchase.

 

...... and any proof I have that the furniture isn't as described (how do I prove that?).

 

Very simple. The store describes the furniture on the invoice as oak but your pics clearly show the desk is Veneer covered Chipboard or Melamine Faced Chipboard.

 

Write assertively to BC with the documents saying it is clear that the goods are not as described and you want a refund and the goods to all be picked up urgently as they are taking up valuable space in your home.

 

If BC don't agree to refund, you can make a formal complaint to The Furniture Ombudsman.

 

:-)

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  • 1 month later...

Hi there, at last a reply but not in my favour.

 

BC are saying that they cannot help - "as per the merchants Terms & Conditions, the goods need to be checked at the time of delivery.

 

You were required to check the goods before signing the documents.

 

As this was not done, we would not be able to establish a breach of contract or misrepresentation against the merchant".

 

Firstly, when I did sign for the goods,

I wrote unchecked on the document

(although I did this in case there was any damages not for the purposes of it not being made of oak!).

 

Also, I thought one had a reasonable amount of time to lodge a complaint?!

 

Advice very much appreciated.

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Hi Dolly,

 

I think BC are trying to shirk their responsibility here.

 

Your responsibility to check the condition of the goods on delivery would be reasonably limited to seeing that the goods are complete and undamaged as far as you could see.

 

You could not be expected to hold up the delivery van while you unpack and fully inspect each component of your delivery to check it's not damaged and is what you expected. This is a cheap shot from BC in my opinion.

 

If you want, you can draft a response to BC and post it here for opinion before sending it.

 

:-)

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Hi, this is what I have so far - if you wouldn't mind having a quick look and let me know if there is anything I can add or change would be grateful.

As you are fully aware, under Section 75 of the Sale of Goods Act I am entitled to reject certain goods as being “not as described”. I have done this, within a reasonable timescale, I have provided Barclaycard with sufficient proof that the said goods are not as described and it is therefore Barclaycards responsibility to refund my money under the Chargeback scheme, the rules of which you subscribe to.

Surely the checking of goods when they are delivered is really to ensure there are no obvious visible damages and that largely, one has received the items one expects, for example, if I ordered a bath I don’t receive a sofa! Furthermore it was noted on the delivery note that the goods were “unchecked” and this was in fact, suggested by the delivery man. Do you really expect customers to hold up delivery vans whilst trying to check goods not only for damages but also to see what they’re made of? It wasn’t even obvious to us immediately and we only noticed it on closer inspection at the point when we were about to build the desk. Should we have asked the delivery men to wait indefinitely whilst we put the desk together? What an absolutely ridiculous idea. I suspect that this is not a valid reason for refusing to refund.

I bought and paid for Oak furniture. It says this on my invoice. I have not received Oak furniture I have received furniture made of chipboard or similar and covered with an oak veneer. This is clearly not as described and you well know it. Please issue my refund and arrange for the collection of the furniture without further delay.

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That looks very good to me :)

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi Dolly,

 

The letter above looks fine to send to BC.

 

If the furniture is still at your home taking up valuable space, I suggest you also write to the store saying:-

 

I refer to the dispute about chipboard furniture being supplied instead of oak, as described on my invoice.

 

You have 14 days to arrange collection of all the items, namely 1 desk (flat pack), 2 filing cabinets and 1 sideboard (all 3 ready-built).

 

If you fail to collect as required, I shall assume you do not want them back and they will be disposed of.

 

In any event, I am proceeding with my claim under s.75 CCA 1974 to have the purchase price refunded in full by Barclaycard.

 

If you wish to refund to me without the further involvement of Barclaycard, please confirm this in writing.

 

Send this by RM Signed For post or get a free Certificate of Posting from the PO.

 

:-)

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  • 3 weeks later...

BC latest reply is saying that in order to make a valid claim against BC under sec 75 of the consumer credit act 1974 it would be necessary for me to prove breach of contract or misrepresentation by the supplier in a debtor-creditor-supplier agreement.

 

for BC purposes they needme to provide them with documentary evidence as proof that such a breach of contract or misrepresentation occurred. In order for BC to make an informed evaluation of my claim they want me to provide them with a copy of the Independent Assessment report for the goods which confirms that the goods have manufacturing defects from a suitably qualified professional to prove my claim.

 

They go on to say that it has to be on headed paper, detailing problems encountered limited to the original specs on the original contract/agreement. please ensure a specific breakdown of any parts and labour is provided.

 

If I need any assistance in obtaining this I will need to contact Trading Standards/Citizens Advice.

 

I am a bit dumfounded really. Why didn't they tell me this in the beginning? Are these reports expensive? and why do I have to get one if the goods are not defective?

Edited by slick132
paragraphs !!
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Hi Dolly,

 

I would send BC a copy of the invoice which says the product is oak, with a photo of the desk which is clearly NOT oak. What more do they need ???

 

Otherwise, have you spoken to the Furniture Ombudsman about this yet. That may be a slightly easier route.

 

Or forget about the other options and write to the supplier giving them 14 days to refund and collect the goods, failing which you will dispose of the goods and file a court claim to get your money back.

 

:-)

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BC latest reply is saying that in order to make a valid claim against BC under sec 75 of the consumer credit act 1974 it would be necessary for me to prove breach of contract or misrepresentation by the supplier in a debtor-creditor-supplier agreement.

 

for BC purposes they needme to provide them with documentary evidence as proof that such a breach of contract or misrepresentation occurred. In order for BC to make an informed evaluation of my claim they want me to provide them with a copy of the Independent Assessment report for the goods which confirms that the goods have manufacturing defects from a suitably qualified professional to prove my claim.

 

They go on to say that it has to be on headed paper, detailing problems encountered limited to the original specs on the original contract/agreement. please ensure a specific breakdown of any parts and labour is provided.

 

If I need any assistance in obtaining this I will need to contact Trading Standards/Citizens Advice.

 

I am a bit dumfounded really. Why didn't they tell me this in the beginning? Are these reports expensive? and why do I have to get one if the goods are not defective?

 

What a load of crap..its not upto them to determine what evidence is required and it what form, it would be upto a court, if it when that far, there is no need for expensive reports, you are noit claiming the goods are faulty just that you were told or given the impressions they were oak....they are not, that part is quite simple, whether or not you were actually lead to believe they were oak is what the point is.

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I'm going to try and get an expert opinion (local restoration company) hopefully who'll be willing to giving me something in writing. If that fails I'll be looking at the furniture ombudsman. I'm still going to write back to BC and ask them why they now want me to supply a report though considering I've not complained that the furniture is defective, I mean would they really want a report from me if I'd ordered glass and received wood? etc. I'll post as soon as I have any thing further, grateful for all the advice. Thankyou.

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