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    • Just to clarify CPR 15.5 allows a defence to be submitted a further 28 days than normal IE 56 days.  (14th May 2022) The fact that they have allowed  further time is very generous on their part.   Andy
    • But did you request documents as per your response to their PAP ?
    • Hello fellow Gaggers.   I did what you all suggested and asked for my CCA from all the Companies/DCA’s involved. These were sent by first class to sign for on 6 June 2022. They all received and signed for these letters on either 7 or 8 June 2022.   None have come back with a signed by me CCA or relevant documents. Here are the replies I received are as follows:   BPO Collections, received a reply on 17 June with their letter dated 14 June, no CCA received by 27 June.   Dear ***** Please find your postal order for £1. Unfortunately, we are not able to accept this as we don’t charge for this. I have requested all the information you have asked for, once our client has responded we will send this over. Yours Sincerely, John McNamee.   Cabot Financial, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** Thank you for your request for information under sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we do not have the relevant information on file, so we will be requesting a copy of the credit agreement and terms and conditions from your original lender, as well as a statement of your account. This may take some time, but we will write to you within the next 12 days with an update, (their 12 days regarding an update is today 4 July, no post from them has been received).   You still have an outstanding balance of £****.** and you currently do not have a plan in place with us. We would like to discuss the available options with you and find you an affordable solution for this account. Yours Sincerely, Stephen Shaw.     NCO Europe, received a reply on 13 June their letter dated 8 June, no CCA received by 27 June.   Dear Sir/Madam (can’t even get my gender right). Thank you for your request and payment for a copy of your CCA which we received today and have forwarded to your creditor. Your creditor has advised us that they no longer require payment for this (postal order for £1.00), therefore we are returning it to you. You will receive the CCA in due course If you have any queries blah blah blah……………… Yours Sincerely, Joanne Perry.   PRA Group, received a reply on 17 June with their letter dated 14 June, no CCA received by 28 June.   Dear ***** I am in receipt of your letter in relation to the above (request for my CCA) and have requested the required information. Until this is received, I have placed your account on hold which will cease any further collections activity until further notice. PRA Group UK Ltd do not charge any fee to carry out this request, I am therefore returning this payment (postal order for £1.00) to you. We will contact you to provide an update as soon as possible but if you have any questions, please contact us blah blah blah……………………………… Yours sincerely, Carissa Rae.   Idem Servicing, received a reply on 18 June with their letter dated 16 June, no CCA received by 27 June.   Dear ***** Thank you for your request pursuant to sections 77-79 of the Consumer Credit Act 1974. Unfortunately, we are unable to supply a copy of the credit agreement at present and acknowledge that until we do so the agreement cannot be enforced. We have contacted the original lender for a copy and if available it will be sent to you under separate cover in compliance with your request.   The balance of your account is still outstanding and we will continue to pursue this debt which will include any arrears and defaults with the credit reference agencies. We can confirm the balance of your account of £****.** remains due and payable and we will continue to contact you to discuss repayment proposals. In the meantime, we attach a statement of account detailing the transaction history. You are free to take whatever action you consider appropriate but we will not be releasing you from any obligation under the agreement. Yours sincerely, Rebecca Harper.   Rather than scan and post the letters I have received from the DCA’s I have typed out the main points of each reply I received. All have failed to send me a true, signed by me, with attached terms and conditions (at the time of signing) a valid Consumer Credit Agreement. Most of each letter seems to contain bluff and bluster, and veiled threats. One note of concern, would any of this come to bite me in the rear end, should I fail to pay them any more money, with regard to the credit reference agencies? I await your more knowledgeable responses.   Allets.
    • Well done. Different shops have different staff.  For customer service in future look at sainsburys. I know the CEO is the same. 
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DFS - Damaged sofa delivery today


Hezybaby
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Hi! Sorry another sofa enquiry!

 

I received delivery of a two seater sofa, electric recliner and footstool from DFS (Scotland) TODAY.

 

The foot was bent on the recliner (which the delivery drivers noticed when they were drilling them on) and there is some small damage / scuffs to the chair’s leather on the arm and base on the same side. (I’ll try abs upload pictures if I can figure out how to make them small enough!). The damage is small and not majorly noticeable but it has cause minor peeling already of the colour on one bit.

 

I’ve called and within an hour and logged the issues and emailed them with photographs and am waiting to hear back.

 

Initially I just saw the damage on the arm and was considering accepting them replacing the arm (I’m assuming that is what they would offer from research) As we’ve waited nearly 6 months for these squeezing 5 of us onto our other 3 seater. But I’ve since read about colour matching issues and the customer service agent actually said to me that matching black can have issues due to blue undertones etc.

 

However my husband then noticed a scuff on the side so I’m thinking of just asking for a replacement. Nobody has even sat on it yet. It cost a fortune for this one chair and I’ve waited 5 plus months - I want them damage free. Am I within my rights to do this? I just think the chair has been dropped or something? As the other two items are fine.

 

I think we paid minimum deposit on cc and got finance for rest (0%).

 

Anyway just wondering if anyone can provide some advice! 
 

Many thanks in advance!

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You are entitled to reject it for the defect and insist on a refund or replacement. Put it in writing to them. Assert your right to reject under the consumer rights act on the basis that there is a defect within the first 30 days since taking delivery.

How much did it cost? 

 

 

Incidentally, even if you eventually decide that you don't want to reject it and that you would prefer to accept a repair or a refund, assert your right to reject anyway. This way you reserve your position and you keep your choices open.

 

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  • BankFodder changed the title to DFS - Damaged sofa delivery today

Thank you SO much for getting back to me.

 

I THINK the chair was approx £1,200? It’s an electric recliner and cost more because we got it in black leather (because it’s practical- I’m boring like that 🤣). I’d need to dig the receipts out for exact amount as the emails only show the total for everything.

 

Okay. I will give tomorrow to see what they say or if they call (apparently the store manager is going to call me) and then put my request in writing as that will have been 48 hours. That seems reasonable?

 

I’m inclined to reject and ask for a replacement as I really like the style and it matches the 10 year old - still going strong and looking great - sofa we already have.

 

If I reject it what do I do about the old one? I don’t want it hanging around as my kids will inevitably jump on it or something and cause marks and I’m worried they will say it’s not in the condition it was delivered or something. Can I request an immediate uplift?  


Thanks again

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They are obliged to arrange to collect it. I suggest that you photograph it now. He certainly under a duty to make sure that it's not damaged by anybody. The whole thing should be sorted out in seven days – meaning that they should remove it and replace it in seven days.

I can imagine that they will try to offer a repair – I think you should refuse. If you give them even one chance then you may effectively be revoking your assertion of rejection.

If they offer you a repair with a guaranteed deadline for doing it plus a sensible reimbursement of say, £200 – then that may be a satisfactory solution – but it's up to you.

Don't expect that this will be straightforward. I can't imagine that there will be happy about it and I can imagine that they will start making excuses as to why it can't be sorted out immediately.

They may say that they want to get it inspected et cetera. Tell them that they are welcome to inspect it but that it it is all within the seven days that they have to remove it and to reimburse you.

Tell them that you are fully aware that where a defect manifests itself within the first 30 days then the presumption is that the defect was always there at the time of delivery.

They won't like to hear any of this – but stand your ground.

You need to be very assertive with these sofa companies some afraid and if there is the slightest whiff of reluctance then you should put it in writing that you want the whole thing sorted out within seven days and after that follow it up with a letter of claim and make sure they realise that you're not kidding around. You will issue the claim.

After that put them on notice that you will be charging them a reasonable storage charge of, say, £30 per day from day eight and that that will be included in the claim.

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I think you should put it in writing immediately. I don't understand why you want to wait 48 hours. You need to assert your right and assert yourself – and make sure that they understand that you mean business and that you are not to be mucked around with.

If you want tell them that you are being advised here. They know us.

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Amazing advice, I’ll nip on PayPal and donate you a coffee to say thanks! It’s hugely appreciated - this is stressful!
 

I’ve drafted this! With your advice, I didn’t mess around 😂 I’ve yet to receive the call from the manager so I’m gonna name drop here when I speak to him!
 

Hi DFS,

 

As I mentioned in my email yesterday, we received our delivery of - two seater sofa, footstool and electric recliner. The recliner arrived damaged with a scuff that has started to peel the leather on the arm, a scuff on the side and a bent front leg. I was advised that I would receive a phone call to discuss this, however I did not.

I am now exercising my right to reject the recliner due to defects on delivery under the consumer goods act. I would like either a full refund or replacement. I do not want it repaired. We waited nearly 6 months for this seat to arrive with scuffs, a bent leg and damaged leather.

I would like the old seat uplifted within 7 days and the refund or replacement to be arranged within this timeframe, if you require inspections please note these must be arranged within the 7 days.

If a replacement is agreed upon within a reasonable time, I would also require, confirmed in writing, that our sofa care coverage will be extend to include the delay in replacing the recliner.

I am aware that if any defects manifest them self within the first 30 days, then the presumption is that the defect was always there at the time of delivery.

I would like a resolution in place within 7 days. If that is not the case then I will proceed with a letter of claim.  If the recliner is not uplifted within this time frame I will be including storage charges of £30 per day in my claim. 

I look forward to your response.

Many thanks 

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You have omitted to refer to the consumer Rights act 2015

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Yes. Be more careful because it is errors like this which will undermine your credibility

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Hi - email submitted.

 

After some sleep (4am wake up yesterday - loooong day) I redrafted email to be a bit more readable whilst clearly stating the points above but being less aggressive/rude 😳 

 

Being very tired I briefly considered just getting the repair and compensation (if they offered) but after some sleep and in the light of day I saw some further damage to the piping (minor, but there) on the same bit of arm so promptly hit send on my email! My sister also told me of her friend who had a whole host of problems trying to get damage on delivery fixed so I’m definitely not going down that road. I’m going for a replacement. 
 

Will update as soon as I hear anything.

 

Thanks

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