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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I ordered 2 settees on 23/8/15. Del expected 8-10 weeks.

Resolved Question:

I ordered 2 settees on 23/8/15. Del expected 8-10 weeks. 3 delivery date were not met. It was delivered at night on 9/11/15. The settees were damaged upon delivery and there were other issues. We agreed that the co. make the repairs. The company said it was a delivery issue not a manufactering issue, also the one settee had spring problems.They came to see the suite on wed 11/11 and we agreed to the repair and were told it would be collected on 21/11/15 and be re-delivered today in the day time. I heard nothing so I rang them this am and was told that the suite would not be back in time to be delivered today.They want to bring it on Sat. I told them if they could not deliver today, I want my money back. They say they will not do this as it was a delivery problem and the delivery was a difficult one? and we had inadequate lighting?. Surely if the driver felt the delivery was too hard and not enough light he should have informed his office telling them so. Please advise. regards ***** *****
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 they were supposed to deliver the repaired sofa to you today but are now proposing to do so on Saturday?
Customer: replied 1 year ago.
Yes, but we are on hols on Friday night. They both said the two settees would be back with me today.
Expert:  Jenny replied 1 year ago.
Ok at the point at which you discovered the sofa was faulty did you request a refund? I'm not clear why they are unable to deliver today. Have they said it is due to bad light?
Customer: replied 1 year ago.
I asked for a refund on the Tuesday morning following the nightime delivery. They told me it was a delivery issue that had damaged the one sofa but all the set cushions were over stuffed and the spring faulty in the other sofa. When thay came to see the settees on the wednesday, he said I couldn't have my money back as it was a delivery issue. He said he could get the cushions flatter by jumping on them? The suite is still in the factory and they are not sure when it will be in the showroom today. They wont deliver in nighttime as it was this time that it as damaged before.
Expert:  Jenny replied 1 year ago.
Ok thanks under the Sale of Goods and Services Act you have the right to a refund or repair in the event that the Goods were faulty. If you purchased the sofa on the basis it would be delivered within a particular time frame then they are in breach of contract by failing to deliver within that time. The retailer was trying to fudge the issue by saying the damage was caused on delivery. That is irrelevant. You should contact the retailer to say that you have received advise that the fact that the damage was caused on delivery is irrelevant under consumer rights laws and you have the right to a refund or replacement. You should state that this and the other problems you have had with the initial delivery means you have lost faith and no longer want to accept a repaired item. You should say you want a full refund and that if it is not forthcoming you will claim the money in the county court. In the event they do not refund you will need to write a letter before action to give them 14 days to refund or you will take them to court. You can contact trading standards as well to lodge a complaint and use the reference number they will give you in correspondence. Hopefully doing this will make them see sense and refund you. They may try to argue that you have agreed to a repair. You should state that this was based on their misrepresentation of your statutory right. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
He is trying to say that the settee's needed 4 men to carry them and not the two he sent last time. My husband has spoken to them as well this am and pointed out to them that the driver was happy to deliver the items, if he was not then he should have said so and not made said delivery. Apparantly my husband has asked him to let him know if the suite can be delivered today. He told my husband that his solicitor had told him he has acted in good faith. We acted in good faith by allowing the repair to be done. Thanks for your help.
Expert:  Jenny replied 1 year ago.
No problem I hope you can resolve this amicably. If you cannot you can do as I have suggested. He sounds like he is trying to put you off bringing a claim with the language he is using. If you have any further questions please ask. Otherwise please do take the time to rate my answer before leaving the site as I am not otherwise credited for my time. Many thanks.
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