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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59734
Experience:  Qualified Solicitor
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Daughter in law ordered 3 piece suite from Harveys 24 Feb

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Hi my name is***** in law ordered 3 piece suite from Harveys 24 Feb 2019 and I paid for it on my credit card £1276.45. Should have been delivered 09 April but call received to say couldn't deliver (no reason given) and that they would keep her updated. As nothing heard in next few days went into store where purchased who managed to ascertain from DHL Courier Company acting on behalf of Harveys that Suite had been lost !!!!! They requested DHL to keep in contact with my Daughter in law. As no positive information received by 18th April she went into the store again and later received a call to say they had ordered another 3 piece. This was delivered on the 16th May but unfortunately when the delivery people unwrapped it there was a slit about 4 inches long on the left arm of one of the chairs. they took photos . She then received a call from Customer Services to say a specialist would be calling on 30th May to access damage and way forward. They came on the 30th May took more photos and advised that material needed to be ordered so repair could be carried out, which would be in about 2 weeks. As nothing heard she called Customer Services last week it took 11/2 hours to get through, they said they had no update and it could take up to 12 weeks. Wondering what the best way forward is. Thanks
JA: Where is this? And when did the issue begin?
Customer: She lives in Gillingham Kent and suite first ordered 23 February 2019
JA: What steps have you taken so far?
Customer: telephone calls to Customer Services and visits to store where purcahes
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only not sure best way forward. Do we wait for repair, demand a replacement or going down the road of trying to get a full refund via credit card company (Ipaid on my credit card) thanks

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

Customer: replied 3 months ago.
Thanks for that Ben

Given the suite was not delivered, then damaged and now delayed further, what is your daughter ideally wanting to that I can advise?

Customer: replied 3 months ago.
Happy for a repair provided done professionally and within reasonable time (what would you consider reasonable time) if not are we within rights to ask for a replacement chair if not can we claim back from the credit card company (bearing in mind invoice in her name and I paid on my credit card)

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. As far as the legal position is concerned, 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, as follows:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and 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 that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

What would be a reasonable time will very much depend on what is a general timeline for such repairs. You have to ask the professionals in the field about that, it won’t be so much of a legal issue.

Once a decision has been made on which option you would pursue, 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 statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the County Court to seek compensation or go through the credit card company.

Does this answer your query?

Customer: replied 3 months ago.
That's all most helpful, many thanks

All the best

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