Legal Advice - RE: Purchase of Sofa Set

[KianTierney89]

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.

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

[des8]

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.

[KianTierney89]

Re: Legal Advice - RE: Purchase of Sofa Set

[KianTierney89]

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 9^th 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 28^th February 2017 I paid a deposit of £69.99, on the 14^th 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 31^st March 2017 and a refund payment was made by UKSOFAS on the 3^rd 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 9^th April 2017 however UKSOFAS did not acknowledge this letter, I did everything in my power to resolve this matter before making this claim.

[KianTierney89]

Re: Legal Advice - RE: Purchase of Sofa Set

Their response to my letter;

[KianTierney89]

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

[KianTierney89]

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.

[Diana M]

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

[KianTierney89]

Re: Legal Advice - RE: Purchase of Sofa Set

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

[Amethyst]

Re: Legal Advice - RE: Purchase of Sofa Set

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