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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Ordered a sofa 3months ago had home check to make sure would

Resolved Question:

Ordered a sofa 3months ago had home check to make sure would fit through door,when furniture came to be delivered wouldn't fit through door am I entitled to a refund
Submitted: 19 days ago.
Category: Law
Expert:  Ben Jones replied 19 days ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 19 days ago.
Hi
Customer: replied 19 days ago.
Waiting for an answer
Expert:  Ben Jones replied 19 days ago.

Sorry, is there no other way to get it in?

Customer: replied 19 days ago.
Only through the windows
Expert:  Ben Jones replied 19 days ago.

Can you not have it delivered that way instead

Customer: replied 19 days ago.
Who’s going to pay for the window taking out and putting back
Expert:  Ben Jones replied 19 days ago.

Ok understood. I will reply shortly as soon as I finish a meeting. Thanks

Expert:  Ben Jones replied 19 days ago.

Thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, you will have certain legal remedies against the seller .

In this case if they had come to check the property to ensure that the sofa would fit and you made the purchase based on that, but it turned out to be wrong - you can argue that the item is not as described.

In these circumstances, the rights against the seller are:

1. Reject the goods and request a refund - this must be done within 30 days of purchase or delivery.

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.

Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss your options if they fail to resolve this. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

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Expert:  Ben Jones replied 19 days ago.

Thank you. Assuming that you have tried resolving this directly with them but they won’t budge, you can initially consider the Consumer Ombudsman.

If that also does not help resolve the issues, your final option is to go to the small claims court to seek compensation for the value of the sofas (I.e. to get a refund).

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

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

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 them for the compensation in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.