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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Thank you e mail in your last e mail you said you can give

Resolved Question:

For Ben Jones
thank you for your e mail in your last e mail you said you can give me more information
to keep you up to date the store manager called me last night to discuss this matter further as he knows I am not happy I have invited him to see the sofa next Wednesday but he says the repair will work but I am not convinced as it has been repaired 3 times and only last for about 3 months
he has already given me excuses why the sofa has gone like this but we have been very patient for nearly two years now I am not happy as I have given them the chance to repair it and they cant. this sofa carries extra warranty on it that I paid extra for I feel that was a waste of money to.
am I in my right now to stand my ground and ask for a replacement as when this question was put to him last night he told I have no leg to stand on and no replacementplease reply with your thoughts
thank you
Tony
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello Tony, under law you do have the right to a repair or replacement – the law is very clear about that. Whilst you have gone for repairs, the fact that you have had 3 of these already and they have not resolved the issue does mean that you can now go for a replacement instead. You cannot be expected to have continuous repairs when that does not resolve the issue. So if they refuse to offer a replacement and you have to go and get that elsewhere, you can pursue them for compensation for your losses for doing so.

Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 10 months ago.
For Ben Jones
Thank you for your e mail you say to send a letter first which is a reminder letter please could you draught me a rough letter so that I get it right and a letter before action as not sure how to word them
Dfs is still pushing to put a new frame on the sofa end as it is a recliner he is coming Wednesday next week do I let this repair go ahead first as I don't think its going to resolve the problem or do I hand him the letter or do I take the letter to the store so I know they have itbest wishes
Tony
Expert:  Ben Jones replied 10 months ago.

Hi, drafting of letters would be a premium service so charged extra. I can send over a quote if you need me to

Customer: replied 10 months ago.
For Ben Jones
give me a price also is there any where on the internet that I can look to get idea what to say I am now going back to work will talk again at tea time you are being very helpful thank you for your time another question do I contact DFS head office and explain the situation to them before he comes on Wednesday let me know your thoughts
Tony
Expert:  Ben Jones replied 10 months ago.

There should be plenty of places you an find a basic structure for the letter - it does not need to be in any specific legal speak, as long as you are clear with what you want and when you want that by, together with what you will do next if this remains unresolved. Just Google letter before action and adapt the contents to suit your particular circumstances

Customer: replied 10 months ago.
For Ben Jones
Good morning
sorry I did not get back to you last night as I finished work late as in my last e mail to you regarding
do I contact DFS head office and explain the situation to them before he comes on Wednesday let me know your thoughts
also from what we have discussed about this case I am well in my rights to ask for a replacement sofa as this is all new to me never been in this position before so just making sure I get it right and don't make a fool of my self
tony
Expert:  Ben Jones replied 10 months ago.

Hello Tony, there is nothing stopping you from contacting head office - looking a their site they state that any complaints should be raised through your local store but you can also contact them by email via***@******.***

As to your rights, as mentioned you have the right to get a repair or replacement. If you have had repairs which have been unsuccessful and it appears that these will not fix the issue then yes, you can opt for a replacement instead.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 10 months ago.
For Ben Jones
Hi Ben
Thank you for your help and advice with regards ***** ***** sofa at DFS we will wait till Wednesday 3rd August for the store manager to come out then if he does not do anything then I will take legal action can I contact you to help me with the process
please let me know if this is possible and costs
thank you *****
Expert:  Ben Jones replied 10 months ago.

Hi yes I can help to an extent. Let's see what happens next week first then you can get back to me and we can see what to do next

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46792
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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