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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6178
Experience:  Solicitor
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I ordered a mattress online after a failure to deliver on

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I ordered a mattress online after a failure to deliver on the arranged date on contacting them the next day to find out why they told me delivery had been arranged for the following day between 0700 and 1900 hrs they did not deliver between the designated time or get incontact with me to say they would delayed waited in untill 1830hrs but had to leave my property whilst i was away they delivered to my neighbore at 1955hrs When I checked the mattress iI found It bore no resemblance to the one I ordered on contacting the firm with images of the mattress they said that it was the same type of mattress that I had ordered even if it didnt look visually the specs were the same also there is no mattress on their site that looks like it so I do not Have any idea as to wether it is in the same price range as the one I orderd ,I have consequently ask them to cancel my order collect the mattress at their expense and refund me the price of it they have told me if they collect it they will bill £49 collection for what I consider is their error please could I have your thoughts on this thank you Mel Hawkins

Hello my name is ***** ***** I will help you with this.

If you don't pay the £49 what then?

Customer: replied 1 month ago.
I think They are eluding to the fact that they will take the £49 out of the refund so I or the credit card company would be down by this amount, also how long should I have to put up with this mattress restricting access to my hallway and is there anything you can suddgest

Ok - then ask them to pick it up and if they refuse to refund the £49 you can take them to Court.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
if they bill my credit card a further £49 can my card company also chase them for a refund as i have already set up a dispute and frozen the purchase price on my statement

Correct.

Does that clarify?

Customer: replied 1 month ago.
i tell them to collect and bill me for it and also tell my credit card whats happening

That is right.

Does that assist?

Customer: replied 1 month ago.
ok thanks ever so much for your help I feel more confidant now in what i can legally do regards ***** *****

All the best Mel. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

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