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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my sofa was misaligned on delivery which i pointed out delivery

Customer Question

my sofa was misaligned on delivery which i pointed out delivery men said keep it it will sorted it is decorative stitching on cushions which is out of line by an inch and a half service man visited and spent 40 mins adjusting it underneath but it has worked back to original position i have now had a nasty letter telling me that under the sale of goods act this furniture although not aesthetically pleasing is not faulty what now?
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 :

Just to be clear it still has the same fault?

Alex Watts :

Please let me know how much you paid for the sofa and by what method?

JACUSTOMER-i915cx8e- :

Yes has same fault paid £1000 cash total order £2200 bought 2 identical sofas and insurance protection for possible future damage

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.

Alex Watts :

Under the Sale of Goods Act they must be as described, fit for purpose and of suitable quality. Here there is clearly an issue on quality

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?

JACUSTOMER-i915cx8e- :

what about this letter i have received saying there is no fault under the sale of goods act are they just trying to frighten me

Alex Watts :

They are just saying that to frighten you, yes

Alex Watts :

You can still take the above steps

Alex Watts :

Does that help?

Alex Watts :


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