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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I bought a sofa from SCS on 2/11/19 and was promised

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I bought a sofa from SCS on 2/11/19 and was promised delivery before Christmas. This did not happen and delivery was arranged for 7.1.20. The delivery drivers brought the wrong sofa and I did not let them deliver. I have now asked for a full refund and the order to be cancelled but they are refusing to do so. ARe they able to do this? Many thanks
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Scotland. Bought on 2.11.20
JA: What steps have you taken so far?
Customer: Called their customer service number who refuse to cancel the order and refund.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They say because it was ought in store, I have no cancellation rights

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 months ago.
THis is in Scotland - will the same apply
Customer: replied 5 months ago.
Thank you

Can I assist with anything else today?

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