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Sofa purchased from Luxuy Living UK - damaged - won't refund

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Good Morning

 

I apologize if this isn't posted in the correct section.

 

Long story short - my brother purchased a sofa from an online retailer, it was delivered cash on collection, couch was in 'boxes' - when opened the couch was badly damaged. Damage was reported within 5 minutes of delivery, the company ignored and blocked calls from my brother and have refused to do anything about it.

 

We contacted them from a different number and managed to speak with someone who initially offered a refund less delivery (I quoted DSR - as this wasn't a return of unwanted, it was return of faulty) and they then backtracked and said the couch was 'shown' to the customer and they had damaged it.

 

Fast forward a few well worded text messages back and forth - we get an angry call from who I presume was a manager or director - at 1st saying he'd refund, then maniacally changing his mind mid way and saying 'you haven't got a purchase order or invoice, you haven't got a leg to stand on - you haven't got any proof you bought it from us' - which I managed to record :)

 

Now he's taunting my brother, he has made a few promised to collect and given several times - one at 1:30am and to wait up.

 

He waited up and nothing happened.

 

I am at a loss as to what to do - I have contacted Citizens Advice (as they have to hand over to trading standards) - but haven't had a response.

 

Here is an email I have sent to citizens advice - it goes into a bit more detail, maybe a little ranty...

 

My brother purchased a sofa from Luxuy Living Limited - which we discovered on Facebook.

 

Their web address is: ll-uk.co.uk

 

They arranged contact through one of the mobile phone numbers listed on the website, and delivery was made on Saturday 2nd April.

 

Upon delivery, cash was paid. The sofas came in 'boxes'.

 

The delivery agent briefly broke apart a section of one of the boxes to point at fixings to explain how they clasp together.

 

All seemed well, the drive left and the couch was 'unboxed'.

 

We discovered damage immediately to one of the couches - and made contact to all of the mobile numbers on the website. This was literally within 5 minutes of delivery happening.

 

After being unable to speak with them, we sent some text messages which were not responded to - and further attempts to call were unsuccessful.

 

My brother called me to speak about the problem - and I attempted to call and was able to get a response. It would seem they blocked calls from his number.

 

I'm a little more savvy and wrote a number of constructive texts explaining their obligation as a business - and have received a number of responses.

 

Initially they said they'd refund minus delivery costs of £70 - which I explained was in breach of DSR as we are not 'cancelling' the order because we don't want it, we are returning because it's faulty.

 

After I challenged this, they claimed the couch was unboxed and shown to the customer - and the damage had been caused by them. I challenged this and asked if they had anything signed or any photos to show this - as it's unlikely that they'd cause a manufacturing defect within 5 minutes of delivery.

 

A few more texts back and forth and they made a promise to refund on Sunday 3rd.

 

They waited in all day on the 3rd - nothing happened.

 

By now we'd been back and forth with texts - and received a phone call from an angry gentleman who I believe was the business owner - we recorded the last minute or so of the conversation.

 

He said he'd sort it, and it would happen later on Sunday night or Monday morning, then in the same breathe told us that we didn't have a leg to stand on because we didn't have a purchase order or an invoice. After explaining we have phone records and a raft of text messages discussing the sale and refund from a number listed on his website - he laughed and said he'd change numbers.

 

We have screenshotted data from his website.

 

We are getting absolutely nowhere and this company has behaved despicably.

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Firstly, we need to clear up who you have had your contract with.

 

I see that there seem to be to businesses operating as Luxury Living. One of them uses the web address that you have given - http://www.ll-uk.co.uk/ but they do not seem to be a limited liability company and in fact they call themselves Luxury Living Uk.

 

The second company is also called Luxury Living but their web address is at http://www.luxuryliving.uk.com/

 

They also do not seem to be a limited liability company.

 

Please can you confirm which company were talking about – maybe you also know whether the two companies which I have listed above are related in some way.

 

I think that you should make sure that you have implemented our customer services guide and keep on recording everything.

 

You should try to have some further phone calls with to try and accumulate more evidence.

 

It seems to me that given the attitude that you have met with so far, that you should simply send them a letter before action and then sue them without any more nonsense.

 

You would simply be suing on the basis of the Consumer Rights Act – that the goods which they supplied are not of satisfactory quality and that you attempted to apply your right of rejection and that they have refused.

 

Make sure you take lots of photographs of everything and also make sure that you keep everything safe.

 

It will be worth your while making sure that the company is reasonably available for enforcement of the judgement. One of the problems about getting a court judgement is that sometimes when you then want to go and enforce it, you find that the company is not trading at that address for they have moved or they have gone bankrupt or some other problem.

 

I must say that cash on collection is very dodgy nowadays. You have no comeback nowadays. You have no idea where you're buying your goods from. You have no idea who you might be able to sue if it goes wrong. You're not able to make any chargeback on any credit card transaction.

 

Don't deal in cash, especially when you don't know anything about the people who are supplying you.


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Thank you for taking the time to write a detailed response.

 

Just to clarify - it's Luxury Living UK - the Director on companies house matches the /whois info for the website - and only after name dropping him did I seem to get responses. Their credit rating (I had the Director of the business I work for check) is very good - though they are newly formed.

 

I know too well that cash on collection isn't ideal - but this was my younger brother who is a little more naive.

 

As far as further phone calls are concerned - the latest my brother had (which I think he recorded) he said something along the lines of 'You know what yeah, lets take it to court we love playing in court'.

 

Regards

 

Wayne

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So, just to be clear, it is this one - http://www.ll-uk.co.uk/

 

Get more recordings - but make sure that they will be there when you get your judgment.


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Yes that's the one :)

 

Ok, I am going to see my brother tomorrow. I've asked them to make a diary/timeline of all the phone calls they've made (well the ones that have been answered anyway) and a brief description on what was discussed/said.

 

Having just spoken to him, I have wrongly assumed he'd recorded a phone call... so we only have one recording (which for me is incriminating enough) and calls are going unanswered. We have a raft of text messages from some of the mobile numbers advertised on the Website which promise a refund and to me acknowledge the sale.

 

I could mail or text you the recording if you have a number/email addy and you can tell me if it's enough?

 

Again thanks for taking the time to read this, you guys are saints :)

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No need to email me recordings.

 

If you bring your claim then it doesn't sound to me as if you can have much difficulty getting your judgement. I suspect it would be much more of a problem enforcing the judgement.

 

I can't see any address on their website and I see that all their phone numbers are mobile phone numbers.


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Am I breaking rules if I post names/addresses on here?

 

It's not privileged information - it's information that's freely available online.

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In fact, looking further on the Internet, I see that there are some references to this company and difficulty finding them. It also seems to be an association between luxury living UK and this company http://www.britishsignature.co.uk/cgi-sys/suspendedpage.cgi

 

How much did you pay for the sofa? I think you're going to have to write it off. I think you may have been turned over


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Am I breaking rules if I post names/addresses on here?

 

It's not privileged information - it's information that's freely available online.

Please go ahead and post what you have


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Domain name:

ll-uk.co.uk

 

Registrant:

Shahzad Mirza

 

Registrant type:

Unknown

 

Registrant's address:

Unit 21, Brittania Mill Stone Holme Road

Crawshaw Booth

BB4 8AX

United Kingdom

 

Company House results show this gentleman operating at the following address - for Luxury Living

 

Unit 1, Whitefield Mill, St Marys Street, Colne, Lancashire, United Kingdom, BB8 7BA

Role

Director

Date of birth

February 1977

Appointed on

1 February 2016

Nationality

British

Country of residence

United Kingdom

Occupation

Director

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But how do you know that the registrant of the domain name has got anything to do with the company that you found? And how do you know that the company found has got anything to do with luxury living UK?

 

They could be completely distinct from one another.

 

Also, the company name that you have found only appears to have a trading address – Unit 1

 

It is not any kind of residential address and doesn't represent any kind of asset. It might simply be a storage address – or even just a letterbox address which is set up to receive documentation.


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Because they both have exactly the same name... I found the company on companies house by searching that name....

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The same which name? the trading name? - it means nothing.

The individual's name - then maybe you are getting somewhere


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Luxury Living International Limited

Unit 21 Stone Holme Road, Rossendale, Lancashire, BB4 8AX

 

Private Limited Company with Share CapitalCompany no. 09978726

Overview

Status

ACTIVE

Incorporated

1 February 2016 (2 Months Old)

People

1 active directors & 0 active secretaries View All People >

Mr Shahzad Mirza

Annual Returns

Next annual return made up to 1 February 2017 due by 1 March 2017

Accounts

Next accounts made up to 1 March 2017 due by 1 November 2017

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Okay, that's a match so well done there.

 

However, or you have got in terms of addresses are commercial unit addresses.

 

I see that Shahzad Mirza's company was only incorporated in February. Believe me, it's easy come easy go.

 

If you don't believe it, then have a look at this archived copy of the previous incarnation of his trading company – https://web.archive.org/web/20150512013036/http://britishsignature.co.uk/index.php?route=common/home

 

If you look through the pages, you will find that much of the text is identical to the present website – especially the terms and conditions. But have a look at the rest as well.

 

You can check the whois on that domain name as well. Maybe it will be the same person. But that still doesn't give you a solid residential address.

 

Incidentally, I hope the your taking screenshots of all websites involved in this because even though they can be archived, they can still disappear or be changed and you may not get everything you want when you need.

 

You still haven't answered me as to how much this thing is worth?

 

I notice that the British Signature site is also only contactable by mobile phone numbers.

 

I think you need to give your little brother some serious lessons on real-life.

 

Have a search around as well on the British Signature company. You may find that there have been those of complaints about them.

 

There must be some good reason why the website has been suspended and he has changed name and gone to the trouble of putting up a new website and trying to trade from there.

 

I think this could be your man as well – http://www.ebay.co.uk/usr/kriding2015?_trksid=p2047675.l2559

 

Feedback of only 81% out of 19 trades.

 

He seems to have stopped trading there as well.


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More info here - http://forums.moneysavingexpert.com/showthread.php?p=70048594

 

http://www.amazon.co.uk/DESIGNER-MILANO-LEATHER-RECLINER-SOFA/dp/B00EW0KEHI

 

 

Apparently there is a non-existent VAT number. I would contact Action Fraud, if I were you


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Frankly, I don't think that you will get your money back.

Contact the police and Trading Standards. It won't do much good but they may catch him one day


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Looking at that - I bet they don't even adhere to any fire regulations. Just cheap chinese tat.

 

We have made things a little personal, there is one person who has been texting (number on website, so fair game in my eyes) who made a mistake in a post and linked her personal facebook page. Turns out she's on probation as per one of her status's.

 

Scared her a little by saying she's knowingly helping a business defraud a customer by giving us the run around and telling us things that aren't true. She seems a bit panicky now. Could be interesting.

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Well be careful about being accused of harassment – and also be careful of your Facebook account because I'm quite sure that Facebook are very sensitive about accusations like this – even if you are technically in the right.

 

Quite frankly I don't imagine that starting any campaign will get you your money back.

 

Your only chance would be to find out where he lives and if he owns that property then you could start your action and put the bailiffs in.

 

Let us know how it goes


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I will do - the latest is it's going to happen in the next 3 hours (we've heard this before mind...) else we start action.

 

Thanks for your help - the archived web page will prove useful :)

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Hey - got money back in the end. Think it was only because of the bad press he was getting over Facebook than him being a fair trading busines man. Buyer beware...

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That website is illegal, no landline number only a mobile, no address.

Registered with companies house - 09978726.

 

Shahzad Mirza

Unit 21, Brittania Mill Stone Holme Road

Crawshaw Booth

BB4 8AX

United Kingdom

 

Registered on: 28-Jan-2016

Expiry date: 28-Jan-2017

 

In the event that a repair cannot be made, we will replace the furniture, or give a full refund excluding the delivery charge.

 

Unlawful term. Delivery charge must also be refunded if returned because of damage.

 

There is no mention of your right to return within 14 days of delivery for any reason.

Edited by Conniff

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