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    • I have a mediation meeting coming up for this account. Can someone give me advice on what to expect. Its says I have up to an hour to present my case? I understand from the literature I have that i won't be speaking directly to the creditors etc. but just wondering what kind of questions they will be asking me.   TIA
    • I have a mediation meeting coming up for this account. Can someone give me advice on what to expect. Its says I have up to an hour to present my case? I understand from the literature I have that i won't be speaking directly to the creditors etc. but just wondering what kind of questions they will be asking me.   TIA
    • I'm afraid we don't delete material from this website. It is an important information basis which helps people who post questions or who come in any way to understand their own positions in respect of commercial bullies. You're welcome to come back to us any time and we are happy to help you. However you should certainly take this away with you: the right to reject whether 30 days or six months is predicated on the manifestation of defects. The defects don't have to be serious but there must be defects. So far you have not identified any defects. However you seem to be pretty clear that the vehicle is not as described and I would say that this probably amounts to a fundamental breach which allows you to insist that the contract is cancelled and everything is reset to 0. I would say that this is good argument for declining to pay some mileage – particularly if you can show that you have reacted fairly quickly. Don't expect big motoring world to be helpful. They don't understand these the subtleties and anyway, they are not your friend. Get an MOT. Read our used car guide – and especially go to the little video and you will understand more about your position. Get an MOT. If you are lucky then it will fail and this will then give you the right to reject under the consumer rights act. It doesn't put you any particular advantage over the "not as described" basis – but at least big motoring world will understand that because this is something that they are dealing with hundreds of times every month. You have indicated that if the car was properly sorted out then you would accept it. This is properly a mistake. I don't know if you have come over from Facebook – but go to the Facebook complaints group – and he was seen understand why you are better getting away from this company. This doesn't mean that all the rest a better – but this company is certainly unhelpful. Of course there will be people – probably lots of people you have had very satisfactory experiences but it seems to be a pattern that one things go wrong, then these people will raise obstacles and make your life difficult and eventually fatigue you. If you go to solicitors, then be prepared to pay their rate which could be £300 an hour. Don't expect to get their money back. It eventually you have to take big motoring world to court – on the basis of what you say you will win – but you will get some of your costs returned and not all your legal costs. And of course if you do go to solicitors then you will save money by doing more of the work yourself and leaving less for them. We can help you do that if you want to stay the distance. And of course you will take this harshly – if you'd exercise the same level of caution when buying this vehicle – doing research et cetera and checking carefully what you had bought, that you appear to be exercising on this forum with your reluctance to disclose details – then you would be in this situation that you find yourself in. Come back here if you want any help. We don't muck around and you have to fall into line with the way we do things. Regards
    • @tobyjugg2 If you go back through this thread, there was speculation towards end of April that Sunak was looking at GE for end of June or early July. And that the GE would be announced after end of May Bank Holiday. I think many connected  to Tory party will have known about possible plans for a July election. My local Tory party had election leaflets through doors a few days after the PM's announcement. So this indicates that they were ready. There were articles in newspapers including The Guardian saying they had heard about July election. And you linked to a online article months ago saying Tories would lose to a Labour landslide where polls at the time were quite simular to current polls. So the polling has not changed as the mood of the country has not changed.  Some think Sunak will be first PM to lose their own seat.
    • More great news although that Boris the crooked liar can still garner that many votes does give even putin apologist frightened farage some hope in a seat somewhere, anywhere across the country - even if he never intends to be there eh?  
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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MFC The Sofa Store - New sofa + chairs not what expected - Refund possible?


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Looking for advice if I can request a refund?

I purchased a new reclining sofa and two single chairs from a local sofa company.

I paid a £100 deposit a few weeks ago and the remaining balance when the goods were delivered which was yesterday, all of the payments were made with a debit credit card.

When the furniture arrived it was not as expected, the reclining mechanism is very poor and will not stay up when weight (i.e. your legs) is applied to the reclining rest . The material on the sofa is awful and is marked and looks like the furniture is second hand and not new.

Before I tackle the Sofa shop I would like to find out my legal rights and if I could request a return for a refund.

 

Thanks

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What is the name of the retailer please?

Did you buy the sofa online and was it made to measure or was it part of their catalogue?

 

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MFC The Sofa Store, Swansea.

The sofa wasn't an online purchase, purchased at the local store after viewing in the shop's showroom. The furniture was ordered through their catalogue because a different colour was required.

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Thank you. 

In that case you have no automatic distancing statutory rights. We will have to look elsewhere. 

I suppose you have checked their policies in respect of returning items ?

If there is nothing there then you will have to rely on the item not being fit for purpose. 

This will probably be more complicated because I suppose that mfc will be unhelpful. 

However I would start off by making a detailed list of the way in which the items are defective.

Let us see the full list and incorporate the list into a letter which you will send to MFC as your introduction to the problem.

I'm afraid that it is likely that you will have to get some kind of inspection carried out to confirm what you say but if you can do that then your chances of success are very high.

 

 

 

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If you viewed it at the local showroom did you view the exact unit you got or was it just another of the same style?

underpaid paralegal

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  • Nicky Boy changed the title to New sofa and chairs from MFC The Sofa Store not what expected - Refund possible?

I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture.

I suspect if anything a replacement will be offered although I would prefer a refund.

Few photos of the wear in the material, this is how it was delivered.

pix.pdf

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  • dx100uk changed the title to MFC The Sofa Store - New sofa + chairs not what expected - Refund possible?
6 hours ago, jk2054 said:

If you viewed it at the local showroom did you view the exact unit you got or was it just another of the same style?

 

1 hour ago, jk2054 said:

OP please asnwer the question I asked

 

8 hours ago, jazztheman said:

The furniture was ordered through their catalogue because a different colour was required.

 

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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So he ordered it through the catalogue but did he see it at the local showroom before it was delivered or not?

underpaid paralegal

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nope, as the display model was not the colour the customer wanted.

but your question is totally immaterial anyway as custom built doesn't come into it.

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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Posted (edited)

if it was ordered online through the catalouge tho it would be distanced surely since he never saw the product he purchased only a different variant?

 

he hasnt actually seen the thing hes buying...

Edited by jk2054

underpaid paralegal

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it was ordered in the retailers store :crazy:

but your theory isnt relevant anyway, even if it fitted the case...

the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too.

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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I paid for the furniture with a visa debit card so not sure if this is the same consumer rights as a credit card?

The furniture is without a doubt unfit for purpose because of the reclining mechanism not working correctly.

I suspect that I may be offered either a repair, a replacement or a credit note (that's if they accept that there are problems with the furniture).

Do I have to accept a credit note or can I insist that I want a full refund?

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redress via a debit card is a chargeback to your bank.

a credit card payment makes a bank jointly liable under section 75 of the CCA for any faults .

neither are linked to the Consumer Rights Act 2015 which you should invoke NOW in writing ONLY as the furniture is unfit for purpose.

Once you've reported this to them invoking your consumer rights within 30 days - the ONLY option for them is a FULLL REFUND.

you can however IF YOU WISH, accept a repair, though if that then fails for THE SAME reason(s), again you can then totally reject and demand a refund.

your call.

 

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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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