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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71041
Experience:  Over 5 years in practice
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I purchased a sofa in July from the internet to which we asked

Customer Question

I purchased a sofa in July from the internet to which we asked to return four days after delivery however the company refused saying we gave them conflicting reasons as to why we wanted the refund. We then wrote to them Within 7 days of delivery stating that we wished to return the item under the distance sales of goods act.We we're also concerned that the item was sold as new however it never had any fire regulations attached
My daughter unbe known to myself was so upset that they had been abusive to both myself and my wife that she tried to sell the sofa on Ebay to get back our money however the ebay sale was cancelled when I explained to my daughter that I was not prepared to sell the sofa for £1500 when we had only just paid £2000 for it!! The sale was mutually cancelled and no money was exchanged at any point. The sofa is still sat here in my living room with the dust sheets on. We tried mediation however they wanted to give us £1250 which would have meant that I would have lost £750 for the mistake in buying from them. They have chosen to defend the claim stating that the sofa is now third hand and they printed all my daughters ebay ad. I have never agreed to sell the sofa nor have I ever contacted them to say that I did not wish to proceed with my refund. My wife has recently suffered a stroke and I feel all this stress is not helping. Is it really worth going to court to face these rogues?
Please help?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Obviously i haven't had vision of this case. However, if this is a distance sale and you tried to return it within 7 days of delivery then the distance selling regulations apply and you don't have to give them any reason at all.
It wasn't the best idea of your daughter to do this but I don't immediately see how that changes your DSR claim.
Whether you want to go to court is another matter. You do seem to have a claim that has a good chance. It could be stressful. Nobody likes going to court. It might well pay off though.
Can I clarify anything for you?
Customer: replied 3 years ago.

Yes I agree and I made clear under no circumstances that she should have tried to sell the sofa she thought we would be pleased that she had retrieved some of our lost money as at this point we thought that we had no legal rights otherwise why would they keep refusing. It is in her nature to want to resolve something that she could see was extremely upsetting to her parents.

The my daughter contacted the person who purchased the item and told her of her mistake. She happily agreed to cancel the sale because of the circumstances and she has also supplied an email from her ebay account to my daughter stating that the sale never took place.

We have been tracked to a small claims court however I want to know if there is a way of having this resolved by a judge without going to court as the company refused our refund from the outset before my daughter tried to sell the item(only on the basis they weren't refunding us or allowing an exchange) If they have not followed the distance sales of goods act and sold me a sofa that did not comply with fire regulations also to which they have not mentioned in their defence. Why would this need to be pursued in a court?

In the claims form it asks if I agree with the small claims track and it states "IF NO" then state which track you believe it should be allocated to. Does this mean I can just ask them to base their decision on the information I have gathered. I have proof of postage for all correspondence and copies of the letters sent.

Expert:  Jo C. replied 3 years ago.
No, in practice.
You can apply for summary judgment but that only applies where the other side is raising no arguable defence which won't be the case.
If you want a judgment generally you have to go to court unless, of course, the other side concedes.
This is a small claims court allocation.