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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hiya I have purchased an expensive bed and mattress from the

Resolved Question:

hiya I have purchased an expensive bed and mattress from the same store. They were delivered 2 weeks apart. When the mattress is on the sleigh bed it drops low so when you sit on the bed you bang your legs and its very uncomfortable. I have complained to the store who said that they wont refund as they are not faulty. Agreed individually they are not faulty but they don't work together.
00 and 50 delivery? what are my rights please?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you order from in store or online please?

Customer:

I purchased in store on a credit card. The set up we wanted was not available and so we had to try them seperatly

Alex Watts :

Thank you. The store has a responsibility under the Sale of Goods Act as the goods must be fit for purpose.

Alex Watts :

If they are not then you can demand a refund. Clearly together they are not fit for purpose

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.

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.

Customer:

thank you.

Alex Watts :

You can add your credit card issuers as second defendant as they are jointly liable 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:

what happens if they offer to refund against a more expensive option? plus another £50 delivery?

Alex Watts :

That is a matter for you whether you accept. You are entitled to a 100% refund

Customer:

thanks you that's all the help I require thank you

Alex Watts :

Great. Can I help with anything else today?

Customer:

no thanks

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