Legal Advice - RE: Purchase of Sofa Set from UKSOFAS - wrong colour want to charge return fee

[MrTierney]

Their reply attached

CCI24032017.pdf

[martin2006]

I think they dont fully understand the CRA 2015.

 

They misunderstand that you have 30 days in which to reject. They also misunderstand that they are responsible for the return costs.

 

You have seen the CRA 2015, quote the relevant parts in your response. Give them a deadline of 14 days to arrange collection and include what is actually wrong with the colour of the faux leather and the cushions.

[MrTierney]

Which paragraph under section 22 would this come under?

[martin2006]

See s22 para 3 for the short term right to reject

 

See s20 para 8,9 and 10 for return costs and refunds

[MrTierney]

Bit of an update,

they came to collect the sofas today,

the same two rude ones who delivered

 

 

but to protect myself to show that none of the sofas are damaged,

I took pictures yesterday and I was recording them on my iphone today within my flat to show if any damage was to occur it would be their fault, not mine but they didn't like me recording and began to get rude, telling me to .... etc

[martin2006]

So did they accept that they must provide the return at no cost to you and have you been refunded any money you paid?

[Vauban]

I too thought that the sofas looked the same (except the cushions) but good they agreed to take them away.

[MrTierney]

The seat cushions are much darker, my a light grey.

 

I am expecting the refund tomorrow, if they don't fully refund me then I will send them the second letter.

[MrTierney]

Update -

 

I got a refund of £430, so they have charged me £89.99 for return delivery, I have just sent him the details of the consumer rights act that he has to pay, not me, he will refuse though.

[martin2006]

If he refuses, issue a letter before action with a 14 day deadline before issuing a county court claim.

 

While court action is always a last resort, you may have no other choice.

[MrTierney]

Does any one know of any 'Letter Before Action' templates?

[martin2006]

There isnt a template as such for your situation.

 

All it needs to say is you are giving them 14 days to return tge collection charge if £89.99 before legal proceedings will be commenced without any further notice.

Add in the relevant sections of the consumer credit act 2015 if you wish or simply refer to the act and head the letter "Letter Before Action."

 

Thats all it needs to say.

[MrTierney]

Thanks.

 

What are the odds of me winning in the county court?

[dx100uk]

honestly, just because of a slight difference in colour and a wrong cushion?...slim.

[MrTierney]

It's more than a bit slight, the pictures clearly show that.

[martin2006]

For the amount involved i doubt they would go to the expense of defending it purely on economical grounds.

At the end of the day tho its down to how much you want your £89.99 back and whether you think its worth the effort involved in getting it back. Issuing a claim is no guarantee of winning a case.

 

Did you send an LBA?

[MrTierney]

I did but they are just refusing to accept Royal Mail recorded letters, legally can I email it to them?

[martin2006]

You have sent the letter, what they do regarding accepting delivery is irrelevant.

Keep proof of sending and if you have it, proof of refusal to accept delivery, all works in your favour.

[MrTierney]

It's actually 109.99 they owe me, not £89.99.

[MrTierney]

Will this be ok for the 'Particulaors of Claim' on the Money Claim website?

 

"I purchased a sofa set from UK SOFAS, however, the sofa which was delivered did not match what I ordered. Under the Consumer Rights Act 2015 I can legally reject the goods which I have done however the owner will not fully refund me, he owes me £109.99, a payment of £430 has already been received."

[martin2006]

Needs to be reworded a little better and you must make sure you follow pre action protocol with LBA etc.

 

Look at hundreds of other PoC's to get the gyst of the type of wording you should use.

 

Whilst it would be easy for me to write it out for you, that doesnt help you much, its a self help site and we are here to help you do just that, help yourself.

[MrTierney]

Thank you, I will do some further research.

[MrTierney]

I just got this message,

 

" In accordance with the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013 you have a 14 day cooling off period within which you can cancel your order, free of charge, and be refunded the full amount originally charged for the order including any special delivery charges.

 

 

If however we have already dispatched the goods to you it will be up to you to return the goods to us at your expense and a full refund, minus any special delivery charges, will be issued upon receipt of the goods unless the goods are found to have a manufacturing fault in which case we will collect the goods free of charge.

 

 

There are some exclusions to this policy including bespoke and made to order item"