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Yes I agree and I made clear under no circumstances that she should have tried to sell the sofa she thought we would be pleased that she had retrieved some of our lost money as at this point we thought that we had no legal rights otherwise why would they keep refusing. It is in her nature to want to resolve something that she could see was extremely upsetting to her parents.
The my daughter contacted the person who purchased the item and told her of her mistake. She happily agreed to cancel the sale because of the circumstances and she has also supplied an email from her ebay account to my daughter stating that the sale never took place.
We have been tracked to a small claims court however I want to know if there is a way of having this resolved by a judge without going to court as the company refused our refund from the outset before my daughter tried to sell the item(only on the basis they weren't refunding us or allowing an exchange) If they have not followed the distance sales of goods act and sold me a sofa that did not comply with fire regulations also to which they have not mentioned in their defence. Why would this need to be pursued in a court?
In the claims form it asks if I agree with the small claims track and it states "IF NO" then state which track you believe it should be allocated to. Does this mean I can just ask them to base their decision on the information I have gathered. I have proof of postage for all correspondence and copies of the letters sent.