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Legal Advice - RE: Purchase of Sofa Set

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  • Legal Advice - RE: Purchase of Sofa Set

    Good evening,

    I am not sure if this is the right place to be asking for advice about this but I thought I would post a thread.

    I recently ordered a sofa set, I paid them via online banking, the first payment was the deposit and the second payment was the remaining money due, they are clearly not what I ordered.

    The sofas were delivered today and it was all a farce, as I live in a flat I had to pay an extra £20 for them to carry them up to my first floor flat which I already did, I had to argue with them for sometime before they rang up the company to get it confirmed. They pretty much took all the packaging off before bringing them up and then just dumped them in my tiny hall way when they should have brought them in to my living room first and then unpacked them.

    Now, heres the issue, when one of the couriers brought the cushions up I thought they were the right ones but after taking the last of the packaging off from the smallest sofa it turns out the sofa does not match the picture on their website, the colors do not match etc. (See images attached). I have spoken to the manager over the phone and over email and he insists the correct sofas have been delivered and that I shouldn't have signed the delivery receipt if something was wrong and that he's willing to accept a return at my cost of £89 but I shouldn't have to pay £89 if the sofas are not what I purchased, no where on their website does it say if you want to return them, it will cost £89.

    On the receipt it says the couriers should have unboxed them in my living room not outside, it also states no price in the box where it says how much it would cost if the items needed returning. It's states nothing on their website regarding returns as well.

    Where do I stand legally with this as a consumer?
    Attached Files
    Last edited by KianTierney89; 17th March 2017, 18:41:PM.
    Tags: None

  • #2
    Re: Legal Advice - RE: Purchase of Sofa Set

    Look like it's the wrong loose cushions ? Which company is it?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Legal Advice - RE: Purchase of Sofa Set

      They are called UKSOFAS, the fake leather is basically black, not brown like it should be.

      Comment


      • #4
        Re: Legal Advice - RE: Purchase of Sofa Set

        Under the Consumer Rights Act 2015 you have the legal right to reject goods which are not as described. You have 30 days to do this.

        Read about your rights on the CAB website where you can also download template letters to send > https://www.citizensadvice.org.uk/ab...ghts-act-2015/

        Di

        Comment


        • #5
          Re: Legal Advice - RE: Purchase of Sofa Set

          Thanks for the reply Di,

          Do you by any chance have any direct links to template letters?

          Thank you.

          Comment


          • #6
            Re: Legal Advice - RE: Purchase of Sofa Set

            I have sent them a letter today, explaining my legal rights (section 8) and it was send via Royal Mail Signed For.

            Letter;

            (My address)



            UKSOFAS
            Mr Jamil Hussain
            41 Litchfield Road
            Birmingham
            B6 5RW

            18th March 2017 Receipt # 0140

            Dear Mr Hussain,

            Under the Consumer Rights Act 2015, I have legally rejected the goods delivered on the 17th March 2017 which are the ‘Lucy 3 + 2’ Sofas Set as they do not match what I ordered. I can legally do this even if you think the correct sofas have been sent, please see below;

            Under paragraph 8 of the Consumer Rights Act 2015;

            (8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

            Please arrange collection of the sofas as soon as possible.

            This letter has been sent to reserve my legal position.

            I look forward to hearing from you,

            Yours Sincerely,

            Mr Kian O’Tierney
            Last edited by Kati; 16th April 2017, 11:10:AM. Reason: Added Letter

            Comment


            • #7
              Re: Legal Advice - RE: Purchase of Sofa Set

              Their response to my letter;
              Attached Files

              Comment


              • #8
                Particulars of Claim - County Court

                Hello,

                I am taking a sofa company to the county court unless they are able to resolve and refund money they owe me, please see the thread below for my original thread about this.

                Original post - http://bit.ly/2pmdKqF

                I was advised on another forum to look at this 'Take a look through sections 20-24 of the Consumer Rights Act 2015.' and I was also told the following 'You have a short term right to reject if the items are not as described and have a look at para 8 re: returns charges'

                Below is the first letter I sent to them;

                “(My address)

                UKSOFAS
                Mr ***** ******
                41 Litchfield Road
                Birmingham
                B6 5RW

                18th March 2017 Receipt # 0140

                Dear Mr *******,

                Under the Consumer Rights Act 2015, I have legally rejected the goods delivered on the 17th March 2017 which are the ‘Lucy 3 + 2’ Sofas Set as they do not match what I ordered. I can legally do this even if you think the correct sofas have been sent, please see below;

                Under paragraph 8 of the Consumer Rights Act 2015;

                (8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

                Please arrange collection of the sofas as soon as possible.

                This letter has been sent to reserve my legal position.

                I look forward to hearing from you,

                Yours Sincerely,

                XXXXXXXXXXXXXXx”


                I was then advised the following, ‘I would have also included the s22 short term right to reject within 30 days after delivery if the items are not as described or expected.’

                The company wrong back to me, please see the attachment on this thread. I was then advised the following, ‘I think they dont fully understand the CRA 2015. They misunderstand that you have 30 days in which to reject. They also misunderstand that they are responsible for the return costs. You have seen the CRA 2015, quote the relevant parts in your response. Give them a deadline of 14 days to arrange collection and include what is actually wrong with the color of the faux leather and the cushions.’

                A letter was sent explaining this but the company refused to sign for it and it’s now stuck at their local postal delivery office.

                I was advised to send them a letter before action which I did on the 9th April, it was sent via post and email, however, there has been no response so I have been advised to look at money claim but I need to write the particulars of claim. I have done my first draft and you can see it below, does it need changing or anything? Any advice would be gratefully appreciated.

                I purchased a 3 and 2 sofa set from UKSOFAS. On the 28th February 2017 I paid a deposit of £69.99, on the 14th March 2017 I paid the remaining £470 payment. Delivery of the sofa set was free. The sofas that were delivered did not match what I ordered and under the Consumer Rights Act 2015 I rejected the order within the 14 days, and I asked UKSOFAS to arrange collection of the sofas. The sofas were collected on the 31st March 2017 and a refund payment was made by UKSOFAS on the 3rd April 2017 and the amount was £430 but the refund is £109.99 short which is what I am claiming for. A letter before action was sent on the 9th April 2017 however UKSOFAS did not acknowledge this letter, I did everything in my power to resolve this matter before making this claim.
                Attached Files

                Comment


                • #9
                  Re: Legal Advice - RE: Purchase of Sofa Set



                  Comment


                  • #10
                    Re: Particulars of Claim - County Court

                    Hi
                    First problem I note is that UK Sofas do not exist as a limited company (or at least its listing is marked as dissolved).
                    This means you canot sue it, as in law it has no persona.
                    you need to identify the owner(s) and name them eg Joe Bloggs trading as UK Sofas.
                    The rest of your Particulars need to read more on these lines:

                    1) at the material time the defendant was J.B, a trader
                    2) on dd/mm/yy the claimant purchased a sofa set from the defendant for £539.99
                    3) The delivered items did not match the description
                    5) Exercising rights bestowed by Consumer Rights Act 2015 the claimant rejected the items on DD/MM/yy
                    6) the defendant has refunded £430.00, leaving a balance of £109.99 outstanding
                    7)Accordingly the claimant claims
                    (a)the sum of £109.99
                    (b) court costs
                    (c) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

                    Last edited by des8; 16th April 2017, 07:08:AM. Reason: minor corrections!

                    Comment


                    • #11
                      Re: Particulars of Claim - County Court

                      Originally posted by des8 View Post
                      Hi
                      First problem I note is that UK Sofas do not exist as a limited company (or at least its listing is marked as dissolved).
                      This means you canot sue it, as in law it has no persona.
                      you need to identify the owner(s) and name them eg Joe Bloggs trading as UK Sofas.
                      The rest of your Particulars need to read more on these lines:

                      1) at the material time the defendant was J.B, a trader
                      2) on dd/mm/yy the claimant purchased a sofa set from the defendant for £539.99
                      3) The delivered items did not match the description
                      5) Exercising rights bestowed by Consumer Rights Act 2015 the claimant rejected the items on DD/MM/yy
                      6) the defendant has refunded £430.00, leaving a balance of £109.99 outstanding
                      7)Accordingly the claimant claims
                      (a)the sum of £109.99
                      (b) court costs
                      (c) Interest pursuant to section 69 County Courts Act at such rate and for such periods as the court deems just.

                      https://beta.companieshouse.gov.uk/company/09765664

                      Comment


                      • #12
                        Re: Particulars of Claim - County Court

                        Originally posted by KianTierney89 View Post
                        I am taking a sofa company to the county court unless they are able to resolve and refund money they owe me, please see the thread below for my original thread about this.

                        Original post - http://bit.ly/2pmdKqF

                        I was advised on another forum to look at this 'Take a look through sections 20-24 of the Consumer Rights Act 2015 and I was also told the following 'You have a short term right to reject if the items are not as described

                        You were advised the same by me on this forum on 17th March here >


                        Originally posted by Diana M View Post
                        Under the Consumer Rights Act 2015 you have the legal right to reject goods which are not as described. You have 30 days to do this.

                        Read about your rights on the CAB website where you can also download template letters to send > https://www.citizensadvice.org.uk/ab...ghts-act-2015/

                        It may make sense to merge your two threads to keep everything in one place. Ask @Kati nicely if she'll do this for you.

                        Di

                        Comment


                        • #13
                          Re: Particulars of Claim - County Court

                          Originally posted by KianTierney89 View Post
                          I purchased a 3 and 2 sofa set from UKSOFAS. On the 28th February 2017 I paid a deposit of £69.99, on the 14th March 2017 I paid the remaining £470 payment.

                          . . . . I asked UKSOFAS to arrange collection of the sofas. The sofas were collected on the 31st March 2017 and a refund payment was made by UKSOFAS on the 3rd April 2017 and the amount was £430 but the refund is £109.99 short which is what I am claiming for.
                          How did you pay for this purchase - was it on a credit card?

                          If so then you may be able to deal with the dispute under section 75 CCA rather than issue legal proceedings http://www.which.co.uk/consumer-righ...mer-credit-act

                          If the business has already refunded you some/most of your money then I would think they have already admitted liability so you would be asking the court to quantify your damages (if you go down that route).

                          Di

                          Comment


                          • #14
                            Re: Particulars of Claim - County Court

                            Originally posted by Diana M View Post
                            It may make sense to merge your two threads to keep everything in one place. Ask @Kati nicely if she'll do this for you.
                            sorted xx
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

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                            Comment


                            • #15
                              Re: Particulars of Claim - County Court

                              I stupidly paid for the sofas via bank transfer, a big mistake by myself.

                              Comment

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