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Jenny
Jenny, Solicitor
Category: Law
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My wife and I have been in dispute with Department Store,

Resolved Question:

My wife and I have been in dispute with Browns Department Store, York, since September 13 2015.
Our complaint is that furniture (sofa plus two chairs) sold to us on May 11th, and delivered on July 30th was not as advertised.
We have sent several letters plus emails complaining. This resulted in a visit to our home to inspect the furniture on Sept 16th, and a subsequent letter from Browns in which they accepted that a discrepancy exists on the sofa but not on the chairs. We have asked for the goods to be returned for a full refund which they have refused. They promised to replace cushions on the sofa and one of the chairs which to date has not materialised.
We filed a complaint with the Consumer Ombudsman on Oct 26th, and today we received an email from the Ombudsman saying that Browns have not responded to their offer to intervene.
A letter which we have sent to Browns giving them an ultimatum that we intent to seek recompense has similarly been ignored.
We are planning to sell the furniture at auction to make way for something more suitable.
What should we do next?
Geoffrey Megretton
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying that the furniture was not as described and not of satisfactory quality? How much money did you pay for the furniture and have you asked for a refund?
Customer: replied 1 year ago.
£1777. Yes we have asked for a refund
Expert:  Jenny replied 1 year ago.
on what basis have they refused this?
Customer: replied 1 year ago.
They claim that the quality is as seen. They accept the cushions are wrong but have not done anything about replacing them.
They have now stopped communicating with us.
Expert:  Jenny replied 1 year ago.
Was it a sale item then which was marked sold as seen on your receipt?
Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Here is a copy of our most recent letter
Managing Director
W. P. Brown Ltd.
Browns Dept. Store
Davygate
York, YO1 8QT02/11/2015 by special delivery postWITHOUT PREJUDICEDear Sir/Madam,My wife June Megretton, has asked me to take over future correspondence related to our ongoing dispute with Browns Department Store of York. Our complaint, first made on September 13th 2015 relates to goods purchased on May 11th 2015, and delivered on July 30th 2015 under cover of your invoice number 7408.
We have still not received a satisfactory response to our letter dated October 6th 2015, which together with our email of September 15th 2015 explained what is wrong with the goods and why we are entitled to a refund. We believe our rights under the Consumer Rights Act 2015 have been breached, and we are once again requesting a full refund of the purchase price of £1,777 and removal of the goods on the grounds that they are not of acceptable quality, and not as specified and demonstrated in your showroom.
We would now like to resolve this dispute as soon as possible. My wife suffers from chronic osteoarthritis which has been exacerbated by not being able to sit comfortably on the furniture supplied. Consequently, we have concluded that we can no longer tolerate the presence of the furniture in our home.
The purpose of this letter is to inform you that unless you agree to a full refund within 14 days of the date of this letter, we intend to dispose of the goods supplied by auction. Following this, we intend to issue legal proceedings against Browns Department Stores to recover all losses, including legal and other related expenses. This may increase your company’s liability.
We trust that you will not allow this to happen and look forward to receiving your response.
Yours Sincerely,Geoffrey Megretton
Enclosed: copies of all relevant correspondence.
Expert:  Jenny replied 1 year ago.
Under the Consumer Rights Act 2015 you have a right to receive goods which are of satisfactory quality. If the cushions are not of satisfactory quality then you can reject the sofa and ask for a refund. It is not a good idea to sell it whilst you have an ongoing dispute. I would suggest that you write to them to give them 7 days to refund you and state that if you do not you will bring a small claim. (Edit I can see you have already done this.) I would suggest that you now do raise a claim. You can do so at www.moneyclaim.gov.uk.I reiterate that it is not a good idea to sell the sofa at this point. If you have any further questions please do ask.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer which is an important part of the process?
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