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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • 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 Take care of yourself.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      
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WontGetFooledAgain

SOFOLOGY giving me the run-around. Any advice please?***Settled***

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I received leather sofa from Sofology, financed with an Int. free loan from Barclays (Partner Finance)

Hours after delivery, it became obvious that the sofa had manufacturing faults (different cushion front panel heights, and inadequate partly filled cushions to the seating area.

 

  • Raised a complaint (!) and provided photo/video evidence....asked for correction or collection!
  • Initially fobbed off, told there was nothing wrong.
  • Persisted, and 3 weeks later, I appear to be dealing with a senior colleague, instead of the 11 or so 'Tom, Dick and Harriets' that I had encountered in a sequence of email/call centre 'one-off' contacts.

 

I have informed Sofology that I wish to return the sofa, due to it's failings, and also that it fails to match the quality of the original in-store sofa observed at time of ordering. Q- Might this form a 'breach of contract'?

 

I'm not a legal person and don't want the 'Perry Mason' in me to get completely carried away!

 

FWIW I have complained to Barclays, and they have started a Sect 75 complaint....but I've no idea where that might go.

 

However....after essentially ignoring me for over a fortnight....Sofology have perked up a bit when Barclays presented the complaint.

 

Position I'm now in is:

 

Either.....allow Homserve rep. (supposedly independent....really?) to visit, assess and provide an 'honest' report.

Sofolgy's subsequent action, in terms of the 'refund' (to Barclays) and to end the finance agreement will depend on this 'report'

 

OR....as the defects/faults are considered 'un'confirmed, (in spite of Video evidence) they will take back the Sofa, and charge me a 30% (£300+) cancellation fee. Is it correct to consider this as a cancellation.....the item is defective??!

 

Haven't encountered this idea of being charged in order to return a defective item......is that legal?

 

Would appreciate any help from members

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under the Consumer rights act if a defect appears within the first 30 days then you are entitled to a refund or a repair at your option.

 

Write them a recorded delivery letter and tell them that you are invoking your short-term right to return and that you wants your money back and you want me to collect the sofa immediately.

Send the letter by recorded delivery and by email


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Great....thanks for the reply!

 

in an e-mail to 'em yesterday, I included:

"Under the Consumer Rights Act 2015 goods you supply must be fit for purpose. As there was a problem with the goods when I bought them, I request that you refund Barclays, and end the agreement between us."

(Hard to know how to phrase the 'refund' bit....is it to me, or to Barclays??)

 

This was totally ignored in earlier replies today.

 

Replies from them seem to indicate that there is now an indecent haste to choose...and choose now!!

The short/sweet 'take it or leave it' email received last was essentially:

(obviously keeping reply impersonal for this forum)

"The options are:

- Cancellation and refund with a 30% charge

- Inspection of furniture

 

Kind Regards,

Xxxxx Xxxxxx

Finance............. Specialist"

 

This can't be right....and I will be following your suggested line of tack. Thankyou!!

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They are not entitled to quibble or to levy inspection charges or to apply any administration charges. There has to be a no quibble refund and they have to bear all the costs.

 

You should be warned that this company, Sofology don't seem to be very cooperative when dealing with their customers consumer rights.

 

Stand your ground. I don't know what the value of this sofa is but I'm quite sure that it is well below the small claims limit which means that you can sue them without any worries of having to pay costs in the most unlikely event that you could lose the case.

 

If you are prepared to take a county court action against them, then send them a 14 day letter before claim and tell them that if they don't collect the sofa and refund your money by the end of that 14 days that you will issue a claim in the County Court and without further notice.

 

Only make this threat if you're prepared to carry it through. However County Court procedure at this level is extremely easy and pretty well risk-free. We will help you all the way.

 

We get too many stories about SOFOLOGY. It's good when people stand up to them.


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Incidentally, where are you getting this "fit for purpose" stuff? The short-term right to reject becomes available simply if there is a defect. There is no mention in the statute as to how serious the defect must be.

 

Stop using this fit for purpose language. You simply give them a hook to try and deny you your rights.


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Excellent.....I wondered about that....gives more opprtunities for tyre-kicking!!

 

Incidentally.....is the refund to me....or Barclays?

 

....and do I address letter to CEO.....I can Google him!!??

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....Oh...and forgot to say:

 

Received sofa on 6th Nov.....1st complained 16th November.....it's now 7th December.

(been fobbed off essentially for 3 weeks....have kept records/paper-trail though)

 

I did request return and money back as early as 21st Nov

.....now beginning to worry that I've been timed out?

 

Might this present a problem??

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There is a vague possibility it could present a problem. Straightly speaking you should have asserted your right. However, there is not much at stake and if I were you I would simply go for it. Tell them that you reported the defect within the first 30 days you now giving them 14 days and then you issue.

 

Stop mucking around. Stop being led around by the nose. Take control or else just let it go.


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The "inspector" will say that the sofa is ok because he's paid by sofology.

I had a dreams inspector around who said that a 40% sagging on a 6 month old mattress is normal.

He showed up with a 4 inch ruler to check the sagging and he said there wasn't any.

Then I gave him a 6 foot spirit level and he had to agree that the sagging was there but "only" 40% of the total mattress thickness is apparently normal.

Funnily enough he didn't say that to me, he wrote that in his report.

Threat of court got me the money back faster than the speed of light, so stand your ground.

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you complained within 14 days ..no quibble allowed.

you don't want it

full refund please

 

BPF are equally liable under sec 75.

have you paid anything to them yet?

do you want to keep it or just forget it all happened?

 

if you don't want the thing... pers i'd be telling BCF they are to demand sofology come collect the item and for BCF to cancel the agreement and refund any money you have paid to them back to you. else as BF stated you will issue a court claim against both BCF and sofology within 14 days without further notice.

 

that should get a result pretty quick

 

SF and BCF can argue the 30% charge out between themselves.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks also to king12345 ...and dx100uk for joining in!!

 

I want to get this right....does this work as a body of text as the letter??

 

"With reference to my complaint raised on 16th November, I am invoking my short-term right to return the sofa referenced above.

Your records will show that I have repeatedly requested return of sofa from as early as 18th November, and this has fallen on deaf ears.

I request return of all monies immediately, and also request your immediate collection of said sofa.

Failure to comply within 14 days will result in the issue of a court claim against both Barclays Partner Finance and Sofology"

 

Please be brutal!!!

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The letter is fine – as long as you mean to go ahead with it.

 

Send the letter by first class recorded post. In the meantime open up an account on moneyclaim online and start reading on this forum about the steps to begin the County Court action.

 

 

Your particulars of claim would be:

 

Claimant purchased a sofa from the defendant cost £XXX, invoice reference XXX

within XX days of delivery of the sofa the claimant became aware of defects and immediately informed the defendant and demanded a refund under the Consumer Rights Act 2015 and also that the defendant arrange to collect the sofa.

The defendant has refused to give the refund or to collect the sofa.

The claimant claims £XXX plus interest pursuant to section 69 of the County Courts act 1984


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Letters done....both Barclays and Sofology.....off to get them away by registered post...Phew!!!

 

Thanks again BankFodder ......will look into links you gave above:-D

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I would change the first part to "You have ignored my request of refund when I invoked the short term right to return the sofa under the Consumer Regulation Act 2015."

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I would change the first part to "You have ignored my request of refund when I invoked the short term right to return the sofa under the Consumer Regulation Act 2015."

 

How about....

 

"With reference to my complaint raised on 16th November, I am for the final time, requesting a refund, which you have previously ignored, and am invoking my short-term right to return the sofa referenced above, under the Consumer Regulation Act 2015."

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Good.

When you wrote "I am NOW invoking..." they could have "misinterpreted that and say that you were NOW asking a refund which would be out of time.

Every word counts with these people.

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the clock stopped for them when you first contacted them so they cant say you are timed out because of their inertia. However, I agree that making it clear in your letter you are enforcing your rights rather than invoking them late

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the clock stopped for them when you first contacted them so they cant say you are timed out because of their inertia. However, I agree that making it clear in your letter you are enforcing your rights rather than invoking them late

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Aaaaggghh....worrying that I've screwed this up already!!?

 

As I mentioned on Saturday.....I've sent off 2 letters....one to both BPF and Sofology.

These are the first 'hard-copy'/written elements to my claim so far.......prior to that, everything was by e-mail and phone. Have I satisfied 'pre-action protocol'?

 

I know it's a PITA....but was hoping someone might skim the text....and if I've ballsed up...I can start again!

Have I made things complicated by roping together both Sofology and BPF in the same notice of intent?(issue?)

 

The italicised/underlined section is the bit that went to Sofology....BPF got the lot.....it seemed a good idea at the time

 

Text to BPF went :

 

"...........You will be aware of the complaint I raised with BPF on the 22nd Nov against Sofology

 

Sofology appear to have learned of that complaint on Wednesday 5th December, with bullying now taking the place of slow inadequate response, which had been my experience to that point.

 

Find below the letter/email I am sending to Sofology :

 

With reference to my complaint raised on 16th November, I am for the final time, requesting a refund, which you have previously ignored, and am invoking my short-term right to return the sofa referenced above, under the Consumer Regulation Act 2015.

Your records will show that I have repeatedly requested return of sofa from as early as 18th November, and this has fallen on deaf ears.

I request return of all monies immediately, and also request your immediate collection of said sofa.

Failure to comply within 14 days will result in the issue of a County Court claim against both Barclays Partner Finance and Sofology without further notice.

 

I request now that you should demand that Sofology collect the item, and that Barclays Partner Finance cancel the agreement referenced above, and refund payment(s) already made.

 

Failure to comply within 14 days will result in the issue of a County Court claim against both Barclays Partner Finance and Sofology without further notice.........."

 

Just don't want to be pi**ing into the wind right from the start....

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That's fine.

Don't Think that you need a lot of big words and legal jargon, that's not how it works.

I've always advised that the clearer the better so they can't say that it was not understandable.

You spelt it out to them in plain English, that's good.

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Thanks ericsbrother and King12345

 

Email from BPF arrived this morning....not sure how to handle it tbh!

As I mentioned in post #1.....BPF had commenced an 'investigation' to my complaint under sect.75

 

They're looking for more info....here's the gist :

 

In order to investigate your concerns further, we require some additional information.

 

Can you provide me with a timeline of events, including:

• When did you first noticed the problems?

• When did you first notify Sofology?

• Has any remedial work been completed?

• When did they come out to your property?

• What did they do on the visit(s)

• List of outstanding issues as it stands today

• Photographs of the problems as it stands today

• Copy of your sales invoice

 

I'm uncertain whether they've seen my letter before action....which would've arrived today at the latest....and don't want to compromise my position.

 

Question Should I deal directly with BPF and supply info now....or remind them that a letter before action has been sent, and I'm sticking to that route??

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Respond to their questions and let them know about the deadline set by your lba.

However, I am not sure if there's a max time for finance companies to deal with section 75.

As far as I know there's no mention in the legislation, so your 14 days should be fine.

Experts in section 75 will surely confirm or correct me.

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UPDATE.....and some clarification needed please!!

 

Contacted by Sofology on Tues. afternoon.

They've received LBA.....and offered to take back sofa, with loss of my £71.90 deposit.

Told them that wasn't acceptable and I was going for 100% refund....as stated in letter.

Was then told I'd be contacted in 48 hours....which has now gone. I assume that they're waiting for my next move?

 

I now have moneyclaim form on screen....and there are a few 'fields' I need to be sure of:

 

Date money became owed to you is this the date I 1st requested refund??

Date you are issuing the claim...???...date of LBA???....todays date???

Claim amount:.....pretty sure that's the full Sales Order amount

Daily rate of interest up to the date of judgment:.....now I'm really stuck...:)

 

 

Also...since there are 2 defendants...Sofology and BPF....does the following statement work??

 

Claimant purchased a sofa from the defendant 1 at cost £XXX, invoice reference XXX, this being financed by Defendant 2.

 

On 1st day of delivery of the sofa the claimant became aware of defects and after 10 days, informed the defendant 1, and demanded a refund under the Consumer Rights Act of 2015 and also that the defendant 1 arrange to collect the sofa.

The defendant 1 has refused to give the refund or to collect the sofa. ( Where does defendant 2 come in??...feels a bit shaky.)

The claimant claims £XXX plus interest pursuant to section 69 of the County Courts act 1984

 

I'm wondering if it might be best just to stick to the one defendant (Sofology)...as BPF are currently (supposedly) doing a sect 75 investigation on my behalf?....Oh what a tangled web!!!!

Just want to get this spot on before I push the button!

Edited by WontGetFooledAgain

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