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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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Hi We are a furniture company. We sold a new leather

Customer Question

Hi
We are a furniture company.
We sold a new leather suite for £1299. We are in Blackburn and the customer in south east London.
When one of the couriers attempted to deliver he did not take delivery saying he is not it and the driver is late.
However he was well aware that the delivery was coming on that day and that there was quite a distance between us and him. The second time the courier attempted delivery they opened the packaging of the sofas in the garden and then said we don't like it. There were a total of three pieces and they opened two of them and said we don't like the colour of it and no longer want it.
At the time of ordering there was a £200 deposit paid. The customer would not let the courier take away the sofa without forcing him to refund the deposit.
This resulted us in a loss of £350 delivery charges (£150 each way and ) plus which the deposit was paid and the sofas cannot be sold as all the packaging is damaged and broken. The way it was sent back resulted in small damage to the sofa as well.
What could be done about this?
Regards
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

Hi. Thank you for your question. My name is ***** ***** I will try to help with this. Did the customer buy this online or in store?

JACUSTOMER-uiktwe2w- :

The advert was on ebay however the transaction was done out of ebay

JACUSTOMER-uiktwe2w- :

with the customer paying a deposit over the phone

Jo C. : I'm just going to convert this to Q and A as I cannot view your response.
Expert:  Jo C. replied 2 years ago.
Thanks.
Why can the sofa not be sold again at reduced cost?
Customer: replied 2 years ago.

It can be sold at a reduced cost but we would lose around £300-400 on top of the delivery which we have already lost+ the sofa can easily get damaged whilst being delivered and being taken through the house.

Expert:  Jo C. replied 2 years ago.
Do you sell regularly on the internet?
Customer: replied 2 years ago.

Yes last 5 Yrs

Expert:  Jo C. replied 2 years ago.
Thanks.
What was the cause of the damage please?
Customer: replied 2 years ago.

Not being packaged as the packaging was broken.

Expert:  Jo C. replied 2 years ago.
Ok. Thanks.
Surely that was down to your courier?
Customer: replied 2 years ago.

No.

As the courier is only responsible for delivering the goods and he delivered them in new condition all professionally packaged from the manufacturer.

It was the customer who decided to open up all the packaging in the garden, once its opened it cant be packaged as the manufacturer does.

Its not the couriers job to take away the sofa straight away he has other pickups and deliveries to do however on this occasion he was forced to do so

Expert:  Jo C. replied 2 years ago.
I see.
You do have a claim.
The difficulty with this is that the distance selling regulations almost certainly apply since you do sell online habitually and this was a distance sale. The DSR does say that they can cancel unconditionally for 7 days from the date of delivery.
However, if they have caused damage then they are liable for that. They are also liable for the cost of delivery and collection unless you agreed something else.
The only issue may be that you do have a product which can be sold at a lesser sum to mitigate your loss but then you would have a claim for the difference.
This is a small claims court sum so it will be cheap enough to issue against them. You can do so here
www.moneyclaim.gov.uk
but send them a letter before action first making clear that you will sue for the full sum if they do not pay or make arrangements to pay within 28 days.
You need to get evidence from the courier to the effect that he is not responsible for the damage.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I am mainly claiming for the delivery costs which I should not be paying anyway.

Could you draft a letter for me which I can send them?

Regards,

Expert:  Jo C. replied 2 years ago.
I am not allowed to do that under the rules of this site but I can look over a letter you draft.

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