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    • In terms of your letter of claim, you've asked us to remove some information – but you have put it up and it's not that critical it's simply bad practice and so we will be leaving in place. It's highly unlikely that the company will stumble across this thread – and anyway no great harm done – but there is no point in spelling out in a letter of claim every detail of the evidence you are going to be relying on if it goes to court. In terms of referring to mediation, it's not up to you. It's up to them. Once again you want to play your hand before it is necessary. Do not do it. Let them make the decisions. They probably will opt for mediation as part of the court process – and then you can simply accede to that. A letter of claim is not the time to start stating this kind of stuff. You come here for advice and I suggest that by and large you follow our advice. In terms of just keeping part of the contract – the frames – as long as you are sure that another supplier would be prepared to supply the glass which is absolutely appropriate for those frames. However, I should warn you that mixing your suppliers like this can eventually lead to problems because you are giving both parties a means by which they can pass the buck onto the other party. This really can get complicated – if the frames fail and the company with which you've already fallen out, then decides to get their own back and they say it is the glass supplier. The glass supplier may well turn round and say no it's the frame supplier – and you are left in the middle and you will have a difficult problem including maybe having to pay for an independent assessment to ascertain whether liability lies. In my view its most ill-advised. You have an opportunity here to predicate your rejection on the fact that you had a single contract and the glass and the frames are supplied as a job lot and the defective glass means that the entire contract is subject to rejection. However, it's up to you. Furthermore, if the frames fail within a particular time, apart from the problem of passing the buck to the glass suppliers, you may find that the frame suppliers are quite reluctant to do any further business with you because they will have long memories. If you really think that after this litigation the frame suppliers will be prepared to continue with you and to supply the glass that you need, then you need to be very certain. Of course they may be very pragmatic and business minded and mature about their dealings and be prepared to supply you with the glass you need with perfectly goodwill and professionalism. However, you shouldn't bank on it. All it needs is one individual within the organisation start feeling that the whole thing is some kind of personal rebuke against them are you are you are you are you you are a you are you you are you are you are a you you are a you.   Anyway, that's my two pennies worth. I think you should follow our advice in terms of legal process and the letter of claim. The rest of it is to how you deal with your windows is simply a bonus for you.
    • Perfect thanks for the reply and apologies for the marker Pen, I thought I had covered it off.    So to clarify, I just ignore this letter and no response is necessary?   
    • First of all, we please deal urgently with the identity of this company. In the title to this thread they are identified as being in Letchworth. This is not correct? We do not want to start firing off accusations against some company elsewhere may be is doing its job perfectly well. Please can you respond to this urgently Post up a link to their website
    • If you scan up letters here by the way, please make sure that they are included in a single file multipage PDF. Please make sure they are all in the correct order, the right way round, and not simply minuscule photographs. You can't imagine the kind of stuff that people put up here when they realise that they're not paying for the advice!
    • Think you've got the wrong Crystal there Slick132...it's Crystal Clear Group Ltd. There's a lot of companies with Crystal in the name!   I agree could take out the struck through part about evidence, although they already have it all already, but I think I need to leave the part about mediation/ADR in, it's important to show I'm open to these, that and the next line came from a template letter before action.  Have asked for that post to be removed via the report button, just in case, the rest of the thread can stay!         The frames are fine, no reason not to keep them, though I could reorder frames from somewhere else it'd be easier to keep these ones as I then already have the measurements for the glass (which I've double checked). I will be asking that question tomorrow though. I have found another supplier I'd be happy to use at around the same price. Glass at the mo is stored mostly upstairs, it's a bit inconvenient as it takes up a lot of space, but no losses as such.  
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Replacement for a Faulty Chair is the wrong Size - Who pays Courier Costs - Me or The Retailer?


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Hellooooo
I’m after some advice! Bare with me, bit of a long one!


Back in June I purchased 6 lovely chairs for £700 from a company on EBay.  

They sent them to me at my request at the end of July once I’d moved into my property.

 

About a month ago I noticed the stitching coming undone on one of the chairs  

I asked for a replacement as you dont expect that from a chair costing over £100. 

The company were great and collected and gave me a replacement no quibble.


However, when I unwrapped the chair it was obviously a smaller, cheaper chair.

Similar, but not the same as what I had.


I complained.  
This is now the issue;

They want me to pay £70 for a courier to collect the chair and for me to receive another.


My question is, should I have to pay this?

It was their mistake in sending me the wrong chair so surely they are liable? 

As you can imagine I am now in a stale mate with them until one of us gives in 🤷🏻‍♀️

 

Note:

I have opened an ebay complaint but after talking to eBay they won’t do anything.

I have opened a PayPal complaint to see what happens there but the supplier is yet to respond on PayPal and just responds in broken English through eBay every now and then that he will not send me a replacement chair 🤷🏻‍♀️

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  • dx100uk changed the title to FaultyTo courier or not to courier that is the question!!
  • dx100uk changed the title to Replacement for a Faulty Chair is the wrong Size - Who pays Courier Costs - Me or The Retailer?

which company are you dealing with?

 

they are definitely liable for the courier fee but to keep the problem under control and as manageable as possible, the best thing to do is to return the chair to them and then when you get your new chair you can  then sue them for the courier fee.

your chances of success will be almost 100% and it will be interesting for you and you will require some transferable skills.

after that you will feel sufficiently confident to go ahead and sue anybody else who tries to bully you and deprive you of your consumer rights.

 

 

 

 

 

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Thank you. Keep us updated and if you want to start taking action then we will help you

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frankly I would get the chair from him as quickly as possible. You can't even be sure that he has got the chair and he doesn't really sound very reliable.

get the chair then see what PayPal say afterwards and then we will help you bring a claim for whatever amount of money you find yourself out of pocket

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I’ve given them a 7 day warning to respond to me then I will go from there. 
So you are saying, pay the courier and get the chair sorted, then start a claim?

my worry is also that they won’t send me a new chair until receipt of the current. I’m kinda leaving myself open to no chair at all with their track record!

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Well it's up to you. if it's important to have the chair matching the rest then it seems to me that that should be the priority and you should do whatever is necessary.

 

Then if you find yourself out of pocket then we will help you get it back.

 

It's up to you to make your own decisions about your priorities

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just post here

 

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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You’ll be pleased to hear after giving them 7 days notice that I would be taking the matter further they have sent me the correct chair and collected the wrong chair without making me pay for the courier.
Makes me so angry that they tried to get away with replacing my chair with a cheaper, different version and refused to take accountability.  Thank you for your help and advice.  

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Well done.

Thanks for the update

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