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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Hello, I did bought a 8 dinner chairs 3 years a goo and was

Resolved Question:

Hello,
I did bought a 8 dinner chairs 3 years a goo and was described by the retailer to be a leather and we did discovered was PVC materials used ,but we was charged for the leathers ones .
The amount we have been charged for the fake products was £4600.
Can you adice me what to to to have the money back?
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Are the retailers still trading please?
Customer: replied 3 years ago.

Yes and they are very big company

Expert:  Jo C. replied 3 years ago.
do you still have evidence that they described this as leather please?
Customer: replied 3 years ago.

I do have the recipient from them ,you want me to send it to you

Expert:  Jo C. replied 3 years ago.
no, I can accept it from you.

Does it commented upon what type of leather it is? Of course, PVC is a leather.
Customer: replied 3 years ago.

Real leather not PVC as we did discover


 

Expert:  Jo C. replied 3 years ago.
yes, but what does the receipts say?
Customer: replied 3 years ago.

Should be a Italian stile leather ,i did have a word with the Director of the Retail and he recognised it was a big mistake from them

Expert:  Jo C. replied 3 years ago.
Thanks.

Would it be possible to tell me what the receipt says?
Customer: replied 3 years ago.
Leather chairs Italian not PVC
Expert:  Jo C. replied 3 years ago.
It actually says not PVC ?

There is no dispute over that?
Customer: replied 3 years ago.
Yes did he recognise it is PVC there is not any dispute about it we want the money back and a compensation for this.
Expert:  Jo C. replied 3 years ago.
Thanks,

That is misrepresentation then and you do have a claim.

You have to be realistic though. You have had these items for 3 years. There is no realistic prospect of getting a full refund for that reason. You do have a claim for the diminution value between the cost of PVC and genuine leather and that would be worth claiming.

Alternatively they could offer an exchange for genuine leather although they may argue that is enrichment because it would be replacing old with new.

In terms of additional compensation, you only get compensation for your loss in the UK. In this case, you were not given the product you paid for which is a clear loss and you have a claim for that. You have suffered no other losses that you mention here though.

They may offer you something in the interests of good business but if you went to court you would not get more than the diminution value I'm afraid.

Can I clarify anything for you?

Jo
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