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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can i claim compensation on top of the refund for faulty goods

Resolved Question:

Can i claim compensation on top of the refund for faulty goods supplied
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Could you please explain your situation a little more?
Customer:

We received our furniture in January/February this year from csl sofas/sofaworks. The colour started to come of the leather within a couple of months, so we phoned them and had them to come out to do the repairs. The repairs then failed so i contacted them again to which they came out and did a second repair to which has since failed. I contacted them again immediately to which on two different phone call s i was told that there engineer had put this down to wear and tear to which i argued that the colour should not becoming of the sofa in less than 6 months. I then sent a letter to both csl and the credit company to which the credit company has since replied and upheld csl side of the dispute. After sending several pictures to the contact at the credit company the contact then has said the decisions will stand until i get an independent report to back my side of events up and prove that the furniture is faulty. I have just had an expert out who has concluded that the furniture is faulty and that there is no way the furniture can be repaired. This report should be with me and the credit company within the next two day. I have been fighting this for the past few months and wish to dissolve myself from all agreements with both companies and was wondering where i stand in terms of doing this and getting compensation for the inconvenience of this and interest on all money i have paid to date and had to pay for the report.

Alex Watts :

Ok - but you have accepted a repair is that right?

Customer:

yes they repaired it and they both failed they did offer a third repair and i would have to sign a disclaimer to which i refused as this invalidates my warranty

Alex Watts :

What is the value of the sofa on purchase?

Customer:

3500

Alex Watts :

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 signed delivery and keep a copy. Make sure this is sent to the company and finance company

Alex Watts :

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.


Alex Watts :

You sue the supplier as first defendant and credit company as second defendant under section 75 of the consumer credit act

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

can i claim compensation on top of my expenses

Alex Watts :

Yes but it would only be a nominal amount

Customer:

What sort of figure should i look at claiming

Alex Watts :

£250

Customer:

ok thank you for your help

Alex Watts :

Can I clarify anything else for you?

Ash and other Law Specialists are ready to help you