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Hello my name is ***** ***** I will help you with this.
Yes, goods must be fit for purpose, as described and of suitable quality as per the Sale of Goods Act
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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Thanks Alex for your prompt professional reply. However I already have my money back for the bed. The thing I wish to clarify is that of compensation for poor nights sleep in the time it took for me to retrieve my refund from the bank. The bank then took the money back from the company. As the bed company was not forthcoming with help or with a refund, it is through no fault of our own we were made to endure poor quality sleep in this period. I am angry in the way the bed company treated us and the length of time it took for me to get my money back.
If you have your money back you may struggle to get some more. You can try and sue for more if you wish
The time it took was not our fault yet we were made to put up with the mattress whilst I extracted my money back under section 75 with the Credit Card company. I hope that makes sense. The main question I want is can I claim for losses and...ah hello Alex!
But beyond a refund, unless you have any medical evidence to suggest you suffered bad sleep etc, you may struggle.
Indeed, I agree
I think i may have evidence fo passing blood clots in my urine in this time, I will need to track down exact dates and doctors reports. If i were to set these losses out and request compensation from the company and then ended up applying to a court for compensation, do you think I would struggle in court? or do you think I would have a good chance at success?
Ok - if you are claiming personal injury you need to keep any claim below £1000
As above £1000 for personal injury is a fast track matter and formal court rules apply
that would be in line with what i was thinking, adding up the nights of poor sleep i thought around 600 was reasonable or even favourable to the bed company
Someone mentioned this and I wasnt sure of the truth of it: "Your claim for breach of contract excludes consequential damages. The claim in contract is limited to the value of the contract"
Im aware you are busy and do not wish to take up any more of your time than is neccessary, im basically trying to feel out, if you think, i would stand a good chance in court to win my claim for compensation. Just in your professional opinion as a time served professional.
Ok - its worth a punt that's for sure.
It is compensation for the rubbish you have had to put up with
Does that help?
Yes it does, im very satisfied with the links you have provided and very greatful for the one on one I have recieved. Thankyou Very Much Alex, I will leave full rating and wish all the best for the week ahead :)