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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69526
Experience:  Over 5 years in practice
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Hi, I had a 84 x12ft lengths of decking delivered to my house

Resolved Question:

Hi,
I had a 84 x12ft lengths of decking delivered to my house on 28th august.
Which were ordered on line
On inspection I found several lengths damaged.
I wrote this on the drivers delivery note and said I didn't think the packaging was enough.
I phoned the suppier within 24hours as stated on their website.
They asked me to take photos of all the damaged goods, I said I couldn't get to them as they were piled up in my garage, my boys were coming on the Saturday. They will move them to the end of my garden.
I started to take photos, these were packed in bundles of five, so I had to tear all the selotape off which was on the ends of 12ft lengths.
I got to over 35 damaged and I was very tired, Im 69, have had two hip replacements and this was stressing me out.
Anyway, I sent all the photos off.
There are more damaged than any good, they are not fit for purpose.
I want the company to take the whole lot back and give me a refund, they are saying that they will only replace the ones I took photos of.
I said I hadn't finished inspecting them, it's obviously faulty. They are saying I had 24hours to make this complaint and it's too late now.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.
I have already sent this off to you and am waiting urgent reply
Expert:  Jo C. replied 2 years ago.
Yes, I need the information I asked for?
Customer: replied 2 years ago.
What do you need to know, I have written everything down
Expert:  Jo C. replied 2 years ago.
Sorry, I am being unclear
I just need to know what your specific question is about thIs ? I have read the facts. What would you like to know about this?
Customer: replied 2 years ago.
Sorry.
I want them to take the whole lot back because I think it inferior.
They are saying will replace the 35 I took the photos of, but nt the others because I didn't tell them within 24 hours. I explained the difficulty of taking the photos. Why shoul they make me do this
I thought as a consumer I had 14 days
Expert:  Jo C. replied 2 years ago.
Thanks.
Under the Distance Selling Regulations you have 7 days to cancel the contract and tell them that you want your money back.
That applies regardless of what they say about having 24 hours to make the complaint.
The time period runs from when you get the contract paperwork which presumably was before they were delivered.
You are now outside that period so you are not entitled to cancel under the Regulations.
However they are in breach of the provisions of the Sale of Goods Act for failing to provide goods which are fit for purpose and of satisfactory quality.
Work out exactly how much is damaged and what the cost of those is and tell them that unless they refund you or replace those items in the next 2 weeks you will issue Small Claims Court proceedings without further notice.
I would give an actual date in the deadline rather than a number of weeks because there can be no dispute over when a date deadline expires.
If they have not refunded you are collected the goods or replace them by that date then issue Small Claims Court proceedings against them without further notice because there seems to be little point in exchanging lots of letters if they have dug their heels in.
You can issue Small Claims Court proceedings by following this link www.moneyclaim.gov.uk
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69526
Experience: Over 5 years in practice
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