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    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company. They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may, rep- you either do or you don't, I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok. The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
    • the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.
    • Hi all,    Quick update. I still haven't heard anything from Excel regarding the SAR.  I'm hoping the one from Elms Legal will turn up tomorrow in the post! 
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leebee664

Harveys Furniture Store - What a joke!

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All we would like to say is that we will NEVER be purchasing another item of any description from Harvey's again. The reason is quite simple. We ordered a sofa on the 22nd June 2014 and we are still awaiting delivery of it, 1 week short of 4mths!! We ordered an extra piece to it and were told it would take 3mths to make/deliver which we were prepared to put up with. At the time of purchase, we stated we wanted it all delivered together. Quite a simple request, or so we thought.

We were initially given a delivery date of 22nd Sep, which then changed to 25th Sep, then Oct 8th, then 16th Oct. Each time we have been contacted by phone, the agent on the phone has stated that one piece is available, to which we had to point out that we want both pieces delivered together. 'No problem' we were told. We were contacted last week and informed that the extra piece we ordered was in the UK, but at a different depot. It would be shipped to the correct depot and we would have our sofa at last. Today, we have been contacted yet again, and yet again told that the one piece is available for delivery...AAAAGHHHH!!!

The agent then stated that they knew the other piece was in the UK but couldn't locate where!! To make my jaw drop even further, they said the agent who called us the week prior should not have told us both pieces were available! We asked to speak to a supervisor, who duly apologised and stated they could quite clearly see it on the screen that we wanted both pieces delivered TOGETHER, not separately! She also told us it will now take a further 48hrs to get a response from the manufacturers of the extra piece (I'm assuming to find out where exactly in the UK they sent it to). We find it hard to believe in this modern era of technology that a piece of furniture, being made specifically for a customer, can go missing without any form of traceability.

What is even more frustrating is how specific notes on YOUR system can be repeatedly missed/ignored regarding having both pieces delivered together. I notice that your company is a full member of the TFO (The Furniture Ombudsman)so with this in mind, we will be contacting them to advise of the above situation. We have had to endure 4mths of sitting on garden furniture whilst still awaiting delivery of our sofa. I have known houses to be built in less time. We will also be sharing our experience via social media so that other people who may be thinking about buying furniture can see what may await them!

 

 

Latest update as of 19/10/2014 – No call-back after the stated ‘48hrs to get a response’ so once again called Customer Service. Ended up speaking to the ‘senior Team Leader’, guy called Prab. He told us both pieces were in the Warrington distribution warehouse but we’d have to wait another week until they were ‘in the area’…I said Harveys should be getting a local courier to deliver it asap given the time we’ve waited and the messing about.

He said he would have to contact our local store where we purchased it from to try and arrange something. Prab called us back 10mins later and stated that he had spoken to our local store, guy called Steve and that the next phone call we’d receive would be off Steve in the morning. As you have probably guessed already, morning came and whent, no phone call. Went into the store at 2.30pm, asked who Steve was and turned out it was the guy we originally dealt with 4mths ago.

When I told him about the conversation I’d had with ‘Prab’, Steve looked puzzled and stated that at no point during the day previous did Prab or anyone for that matter contact him about our situation, so I had to go through the whole scenario again with him. He proceeded to try and contact local couriers, one of whom was going to charge us £120 and then we’d be reimbursed by Harveys, but was getting no luck.

At this point I stated I had to leave but I would expect Steve to call us with some news. Yes, you’ve guessed already…NO CALL BACK!! It gets even better….we have today waked into the store, sought out Steve and asked if he’d got any news for us. To both our shock, amazement and disgust, he said ‘’just remind me again’’….I had to remind him that I’d spent the good part of 45mins with him the day before!! It just about summed up our overall experience with Harveys!

 

 

 

4 months waiting for a sofa, numerous lies and false promises of ‘call backs’ etc etc…and Harveys cannot even go out of their way to pay a local courier to deliver our well overdue sofa!! They still expect us to go out of our way to accommodate them!! DISGUSTED and if not received by Tuesday, will be cancelling in total.

 

 

Mr&Mrs Very Annoyed

Edited by citizenB
formatting for easier reading - removing name

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Hi leebee664

 

Welcome to CAG

 

Write a Formal Letter of Complaint, mark it as such. Explain what has happened (ordered sofa plus extra piece, promised delivery in three months), how they have let you down (sofa/extra piece yet to be delivered, multiple promises, poor information, poor customer service) and what you want them to do (compensate you, a reduction on purchase).

 

Send it to:-

 

Steve Campbell

Group Retail Services Director

Harveys Furnishings

steve@harveys-furnishing.co.uk

 

Let us know what he says.

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Thank you for the information, I've been searching for an individual to email at Harveys and found nothing except 'Customer Services'. I will certainly let you know the outcome.

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