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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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I have received a written offer of compensation from a

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i have received a written offer of compensation from a furniture company following a dreadful experience. I accepted the offer in relation to the delivery circumstances but not the additional out of pocket expenses. They requested bank details in order to repay £175 which i forwarded. I posted my experience online and the company have now retracted their offer after my acceptance unless i withdraw my post. Can they do this?
JA: Where are you? It matters because laws vary by location.
Customer: Apologies, In the UK
JA: What steps have you taken so far?
Customer: Nothing yet following receipt of the email today
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The company provided a dreadful service and were extremely arrogant over it and have advised that is the total amount they will pay.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What does your review actually say?

Customer: replied 12 days ago.
see below
Quality product sold by untrustworthy, arrogant staff. All very nice and promising the earth when your buying the product - "of course we will deliver to the room of your choice Sir, upstairs that wont be problem to our delivery staff - ring us if there is a problem when they deliver". The delivery people turned up at 7.00pm - they advised they would arrive mid afternoon. They promptly dumped the sofa in the kitchen advising my 80 year old father they aren't paid to take it up stairs and it wouldn't go up there anyway. This was Friday 20th December as we were going away on the 22nd for Christmas and New Year. When we returned home (2nd Jan) I arranged to meet two friends at the house on the 4th and we moved sofa upstairs and into living room. Photo sent to customer services - surprise surprise no reply
Rang Watford , its customer services you need to speak to. Area manager, we will refund delivery; Sales Director - we're not paying you any more....no consideration of the two 200 mile round trips, one on the 22nd and the other the 4th, necessary to sort this or the disappointment over Christmas that our new sofa was stacked on top of each other in the kitchen.
DO NOT BELIEVE WHAT THEY SAY AS THEY WILL TELL YOU ANYTHING TO ACHIEVE A SALE.
Requested email confirming their "offer" but still waiting......
Shocking attitude from top to bottom; untrustworthy arrogant staff, dreadful advert for Natuzzi

YOU'VE BEEN WARNED!!

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. Strictly speaking there is nothing stopping them from deciding not to compensate you and to retract their offer, even after you had accepted it. They can argue that the circumstances have changed as such a review did not exist when the offer was made and they would not have made it had it been published earlier. So you cannot force them to go ahead with the offer if they are not willing to do so and the only way to take it further, apart from a direct complaint with them, is by making a claim for compensation in the Small Claims Court.

 

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.

 

Does this answer your query?

Customer: replied 12 days ago.
Thank you for your advice. This is the response I received
Dear Paul

I have now seen the defamatory review which you have published on Trustpilot.

We totally disagree with its contents and my offer was made based strictly with the agreement that you would not seek to defame our good name.

Should you wish for the defamatory review to stay I therefore have no choice than to retract my offer of £175 which you coerced me into giving due to your threats to publish negative reviews on social media should you not receive financial compensation.

As you are no doubt aware we are fortunate to have an ‘Excellent’ rating on Trustpilot with over 800 customers positively recommending our Company but I am sorry on this occasion that we have not met with your expectations.

At no time have I threatened them to ‘pay money or else’. I advised them if they continued to ignore me I would post my review. Neither was there written offer subject to anything. I have the copy email. Indeed their own staff agreed the service was not good!
I guess in view of your comments it’s not worth taking any further?

In the circumstance sit is a case of what you feel more strongly about – the money or the review but if you stick with the review then it would probably not be worth pursuing them for the compensation based on the offer, although you can still do so under consumer laws, assuming hey have breached any. Does this clarify things a bit more for you?

Customer: replied 12 days ago.
Thank you yes it does

All the best

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