In a bit of a tizzy

[sueham]

I brought a 3 seater and 2 seater from a company and it had faults. I've had the furniture since October 2018, but did inform the company concerned beginning of December.

Cut a long story short I contacted the Ombudsman but as the company was not a member of them they advised me to have a Independent Smart report done.

I did and the report said that my compliant was partly justified. Some of the faults were manufactural faults.

I have done all the letters, sent them the letter before action and gave them 28 days. I then done another letter to say that they had 28 days to refund the full cost of the settee's and pick them up, or I would begin court action without further notice. On the last day they phoned me and said they would refund the full cost and arrange pick up after they had a date with the courier company and would let me know what date it was, which would be within the next 3 weeks for pick up and then 2 weeks for the refund to be done.

I do have an email confirming that they will refund in full and pick up.

I never heard anything so emailed them and asked when they would be collecting as on their say so I had ordered another suite to be delivered the day after their timeline of 3 weeks. I haven't heard another word from them. I am now at a lost of whether to begin court action. I can't have 2 suites in my home as there just isn't room. I know they didn't get a copy of the report either as I asked the Ombudsman if they would have got one. It seems to me that they've lied about refunding and collecting but I have proof of this in the email from them.

Any advice would be heaven as I am at a lost on just how to deal with this company.

[Amethyst]

Is this a large national company or a little local firm ?

Have you tried telephoning them ?

You have their admission of liability in writing ( presumably, maybe paste the email here to check ) so you could just take it to court now.

[sueham]

Hi Amethyst

It is a small family run business (or so they tell me) I haven't tried ringing them as they said I am sending them too many emails and they are fed up (not sure why they should be). Here is the email from them it was sent on the 19th March 2019.....


Hi




Thanks for your time today.




As explained on the call I have decided that on this occasion I will agree to arrange a collection and full refund for this item.




I have seeked advice and I have been advised I could defend my position as we have acknowledged the issue your reported and acted on it accordingly resulting in the work being completed.




My frustration came because as soon as that work was complete I received emails detailing further issues which I felt should of been addressed at an earlier date, therefore, leading into further costs for re visits which could of been avoided.




Due to me not wanting the hassle and ongoing issues for months I will cooperate and I am hoping you can now accept that as a business we have traded correctly and tried to cooperate throughout.




The items will be collected from your address within approximately the next 21 days and I will advise which which date that will be next week after I have confirmed with the logistics company




Your refund will be actioned within 14 days of the items being returned to you which is I is what we advertise within our terms and conditions. I appreciate you would prefer it back sooner but this enables me to handle everything at this end.




The refund amount will be for the total value of your order which is £829.




I am hoping this situation is soon to be resolved and we can both continue with no further issues.


This was my email sent back to them....


Dear Adam,




I confirm that we did speak on Monday 18th March 2019.




It was agreed that Sofa Savings would arrange pick up free of charge within the next 21 days of both settee's. Which should fall within the dates of 20/03/2019 and the 10/04/2019.




It was also agreed that I would send a copy of the report which was done on the settee's. As soon as I have received it I will forward a copy if you would still like one.




I understand that a refund of £829 will be put back on the debit card which was the one used within 14 days from receipt of the goods return.




I can understand some of the frustration between us both over matters, and do acknowledge this, as we both saw things quite different with faults that occurred but as the matter will be resolved then this can be put to rest.




Many thanks for confirming things in your email.

[sueham]

anyone help please

[Amethyst]

I will agree to arrange a collection and full refund for this item.

It was agreed that Sofa Savings would arrange pick up free of charge within the next 21 days of both settee's. Which should fall within the dates of 20/03/2019 and the 10/04/2019.

The items will be collected from your address within approximately the next 21 days and I will advise which which date that will be next week after I have confirmed with the logistics company

All seems quite clear. Your issue at the moment is that they haven't come back to you and confirmed the date of collection. You have new sofas arriving on the 10th/11th April ? and don't have space to store both sets.

The Sofa company are not responding to your emails or calls to give you a collection date.

It may be you need to email and state the position and that if the sofas haven't been collected by X time on X date they will be put outside ... see what des8 thinks on your rights/liability for damage after the collection deadline passes ( please des8 )

[des8]

Is this the company? https://www.sofasavings.co.uk/terms-conditions/

[sueham]

yes it is

[des8]

Whilst Ame was posting I was trying to find out who the company was.
If it is sofasavings ,co,uk with an admin office in Birmingham there might be a bit of a problem.
There is no record of them in Companies House, and their website doesn't name the owners, so finding out who to sue is a starting point

[des8]

I was thinking ahead!
As Amethyst email reminding them that removal was to be by 10th April.
Tell them it is imperative their goods are collected by that date (no need to give a reason) and if they are not you will become an involuntary bailee and will
need to dispose of them in accordance with The Torts (interference with goods) Act 1977 and you will then pursue them for the outstanding balance due.

[sueham]

Yes Des8 I've looked on companies house as well. It seems they trade also under another name, as the company that first came to repair the settee's called them another name, but again I couldn't locate them on companies house. But I've rung them and they've stated they will pick up next Thursday but also wanted another report done even though I've had an independent one done. I've refused as one has already been done. They got really shirty about it but still said they would pick up.

[des8]

Well that's good...all that remains is your refund!

[Amethyst]

Also seem to be these - www, cheapsofasandbeds, co , uk - different address Izabella House, 24 – 26 Regents Place, City Centre Birmingham, B1 3NJ - but same phone number - again nothing obvious on Co House ...

pick up next Thursday

so the 11th ... is that the day your new sofa is delivered?

Fingers crossed.

How did you pay btw? and who does the entry on bank/card statement show as being made to ?

[sueham]

Thanks Amethyst.

I paid through paypal and by debit card. the name of the company that it was paid to was called sofa beds account. My new suite is being delivered 12th. I'm afraid I told a porky and told him that I was recording the conversation and he said he didn't care. So he thinks that I have it on record that they are picking up next week and then refunding my money by 2 weeks later