Chargeback processed by bank and retailer issued a LBA - Please help !

[BettieBoo]

Hi, Am new here and would really appreciate any help anyone can offer please? I am very worried and feel completely out of my depth.

I purchased a flat pack garden shed online, which was paid for in full by credit card - £ 1800. In a nutshell, the quality of the product was very poor (not as advertised on the website ),some parts were damaged and upon assembly, the parts generally would not fit together properly. Partially erected shed and then decided to take it down, as it was such poor quality and clearly not fit for purpose. Obviously very dissatisfied, so contacted the retailer straight away ( within 30 days ) and requested to return the shed for a full refund. Retailer refused to accept return of the shed and give a full refund, as the shed had begun to be assembled ( their T's and C's ). Only prepared to replace damaged parts. This was not acceptable to me, as replacing damaged parts would not improve the quality of the materials or how the shed fit together. Tried to reason with the retailer, but they would not budge.

Therefore applied for a Section 75 with the credit card bank. Bank processed a Chargeback and have placed a temporary refund into the credit card account. Retailer has 45 days to dispute - dispute still open.

Have then received a letter from a solicitor acting on behalf of the retailer referencing an unpaid debt ( the value of the shed plus daily interest from what I calculate is the date of purchase ) to be paid within 30 days. If payment is not received within 30 days, they are instructed to issue immediate legal proceedings without any further notice. LBA Reply Form, Standard Financial Statement and Invoice attached to the letter.

Invoice they have provided however confirms that payment has been received in full and amount due is nil.

The LBA Reply Form has to be returned within 30 days, so I appreciate that I need to return this and obviously dispute the debt and provide supporting documents.

Please can anyone give me some advice regarding completing the LBA Reply Form and what I can provide as supporting documents and also what documents or information I could request from them ? Do I substantiate how this situation has arisen and also provide a copy of the email thread between myself and the retailer ?

Any advice would be very much appreciated, thank you.

[atticus]

You need to explain in detail why you consider that the goods you purchased were not of satisfactory quality and therefore that the seller was in breach of its obligations under s9 Consumer Rights Act 2015 to sell goods that are of satisfactory quality and fit for their intended purpose..

Did you originally reject the goods within 30 days of purchase? If so, make this clear in your reply: you were exercising your 'short term right to reject', and the seller had no right to dispute this..

If the parts are available for collection,.say so.

[BettieBoo]

Hi, Thank you very much for your prompt reply Atticus.

I contacted the retailer within 30 days of purchase by telephone and email and advised of my dissatisfaction with the product supplied and the reasons being. At the same time I requested to return the shed and to have a full refund. I didn't specifically say ' I reject the goods'. I requested several times to return the shed or arrange a collection at a mutually convenient time, but was told this was not possible, as they were only prepared to offer replacement parts.

[atticus]

You clearly said enough to show that you were rejecting the goods.