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I would agree with Trading Standards. Chosing a colour on a stock item is not custom.
Therefore you should write and cancel the Order and ask for a refund.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Hi Alex, One question that trading standards raised was that the company may not have broken their side of the contract as the contract is with my late father, they say that only he can cancel the order, but obviously he can't do that, but at the same tim the item is no longer required and according to the companies own web site
1.) If you wish to cancel your order, you can notify us by email to [email protected] before we have dispatched the goods to you. If the order has been dispatched already, there will be a cancellation charge payable of £25 (Small Item) or £65 (Large Item).
This whole process is causing a lot of emotional distress for both me and my brother. The funeral is on wednesday and we have been trying to resolve this now for over a week.
If he is dead then the contract should come to an end.
You can't continue a contract with a deceased person
Just call their bluff
Can I clarify anything?
So in your opinion you believe we are within our legal rights to cancel the order with full refund?
Yes I do.
I have written to them, both on email and paper copy ( recorded Delivery) I have given them 30 days to credit his account before taking things further
many of my friends and family have taken to leaving bad reviews on websites, Facebook, twitter etcl, will this damage any claims we have ?
It wont affect it whatsoever.
ok thank you for your help
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