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Legal Advice - RE: Purchase of Sofa Set

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  • des8
    replied
    Re: Particulars of Claim - County Court

    Originally posted by KianTierney89 View Post
    I spoke to him on the phone twice, he’s actually really rude. Do I need to add all this new information to the POC (no) or does he need reporting to someone else?(no unless you want to bring it to trading standards attention)

    Responses in red!

    Leave a comment:


  • KianTierney89
    replied
    Re: Particulars of Claim - County Court

    Originally posted by des8 View Post
    IMO it would be difficult to fail !


    And they are so in contravention of The Companies (trading Disclosures) Regulations 2008 as amended by The Companies (Trading Disclosures) (amendment) Regulations 2009 that the company and every individual officer may have committed an offence and be liable to a fine of upto £1000each!
    I spoke to him on the phone twice, he’s actually really rude. Do I need to add all this new information to the POC or does he need reporting to someone else?

    Leave a comment:


  • des8
    replied
    Re: Particulars of Claim - County Court

    Originally posted by KianTierney89 View Post
    I wasn't aware of the full name until the partial refund was sent.

    - - - Updated - - -

    That's the set! shall I upload a copy of the 'receipt' ?

    - - - Updated - - -

    Do I legally stand a good chance with this through the county court?
    IMO it would be difficult to fail !


    And they are so in contravention of The Companies (trading Disclosures) Regulations 2008 as amended by The Companies (Trading Disclosures) (amendment) Regulations 2009 that the company and every individual officer may have committed an offence and be liable to a fine of upto £1000each!

    Leave a comment:


  • KianTierney89
    replied
    Re: Legal Advice - RE: Purchase of Sofa Set

    Receipt attached.
    Attached Files
    Last edited by Kati; 16th April 2017, 19:31:PM.

    Leave a comment:


  • Kati
    replied
    Re: Particulars of Claim - County Court

    Originally posted by KianTierney89 View Post
    shall I upload a copy of the 'receipt' ?
    yes please ... it'd be worth looking at xx

    Leave a comment:


  • KianTierney89
    replied
    Re: Particulars of Claim - County Court

    Originally posted by des8 View Post
    Ok .. I looked for UK Sofas, which is the name you gave, not UK Sofas and Beyond which is the company you link to!
    So instead of J.B. write UK Sofas and Beyond Limited in 1)
    I wasn't aware of the full name until the partial refund was sent.

    - - - Updated - - -

    That's the set! shall I upload a copy of the 'receipt' ?

    - - - Updated - - -

    Do I legally stand a good chance with this through the county court?

    Leave a comment:


  • des8
    replied
    Re: Legal Advice - RE: Purchase of Sofa Set

    A perfect shower!

    Leave a comment:


  • Kati
    replied
    Re: Particulars of Claim - County Court

    Originally posted by des8 View Post
    That's interesting @Kati.
    A certain amount of info seems to be missing from that advert as
    advertisements for limited companies must contain the following info:
    • the company’s registered number
    • its registered office address
    • where the company is registered (England and Wales, Scotland or Northern Ireland)
    • the fact that it’s a limited company (usually by spelling out the company’s full name including ‘Limited’ or ‘Ltd’)
    No T&C's or return/refund info either

    - - - Updated - - -

    even the sofa pages have no returns info - http://www.uksofas.com/product/new-r...sofa-set-mink/ (I think this is the one the OP ordered)

    Leave a comment:


  • des8
    replied
    Re: Particulars of Claim - County Court

    Originally posted by Kati View Post
    I found the website http://www.uksofas.com xx
    That's interesting [MENTION=49370]Kati[/MENTION].
    A certain amount of info seems to be missing from that advert as
    advertisements for limited companies must contain the following info:
    • the company’s registered number
    • its registered office address
    • where the company is registered (England and Wales, Scotland or Northern Ireland)
    • the fact that it’s a limited company (usually by spelling out the company’s full name including ‘Limited’ or ‘Ltd’)

    Leave a comment:


  • Kati
    replied
    Re: Particulars of Claim - County Court

    Originally posted by des8 View Post
    Ok .. I looked for UK Sofas, which is the name you gave, not UK Sofas and Beyond which is the company you link to!
    I found the website http://www.uksofas.com xx

    Leave a comment:


  • des8
    replied
    Re: Particulars of Claim - County Court

    Ok .. I looked for UK Sofas, which is the name you gave, not UK Sofas and Beyond which is the company you link to!
    So instead of J.B. write UK Sofas and Beyond Limited in 1)

    Leave a comment:


  • KianTierney89
    replied
    Re: Particulars of Claim - County Court

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

    Leave a comment:


  • Kati
    replied
    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

    Leave a comment:


  • Diana M
    replied
    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

    Leave a comment:


  • Diana M
    replied
    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

    Leave a comment:

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