Dreams plc faulty bed when delivered

jingle68

Hi, i ordered a bed 3 months ago with dreams, i was informed by letter a week after ordering it that there was a delay because of 'quality' issues.
The bed arrived last saturday with the very 'quality' issues that caused the delay (faulty leather).
I emailed dreams sunday informing them of the fault and supplied photo's.I told them i didnt want any offer of vouchers to spend in their stores (they had tried this a couple of weeks ago because of the delay) and if i didnt get a responce i would reject the order.
I rang them yesterday because despite supplying contact details & requesting urgent reply, i got no reply. they told me they had received my complaint & were investigating it.
Today,despite my email, i got a letter offering vouchers 'in full & final settlement' to spend in their stores!!.
Legally, what is my next step to get this resolved? Am i protected under any sale of goods act?
thank you for any advice.

spartafc

Hi
if you ordered the bed in store then your contract with Dreams plc is protected by the Sale of Goods Act 1979 (as amended). If the bed is not of satisfactory quality (you should refer to this in the letter you need to send to Dreams) then they have breached an implied term of that contract. As the contract has been breached this means that, under the SGA, you are entitled to either a refund or damages (this is a really simplified version of the situation but if you're after getting a refund this is probably the easiest way to get it, without getting into the whole alternative new remedies business!). To offer you vouchers is an attempt to remove the rights you have under the SGA, and Dreams cannot do this. To try this on is actually a breach of other legislation (and something Trading Standards would be interested in hearing about!) What you need to do is write to Dreams PLC referring to your rights under the SGA and their (apparent) breach of the contract you have with them. Make sure the letter has the date of purchase in it and refer to any conversations you've had with them and other correspondence. You need to tell them that you are not accepting the goods and that you require a refund. Tell them that you are making 'time of the essence' and require a full refund within 14 days (or whatever you think is reasonable).
Send it recorded delivery and keep a copy for your records.
The burden of proof is with you, but if the quality issue is quite clear this shouldn't be a big problem for you ( I hope). You will need to take care of the bed until they collect it.
If you paid by credit card and the bed cost more than £100 then, under s75 CCA you can hold the credit card company jointly and severally liable and claim damages from them also (again - a simplified version but that's basically the position as there does seem to have been a breach of contract). Worth bearing in mind if you don't get anywhere with the trader.
Hopefully that should do it!

hollydays

what exactly is the fault?

jingle68

hollydays wrote: »

what exactly is the fault?

white stains within the black leather, looks like water damage. Before you ask,the stains cannot be removed by any means.This is the 'quality issue' Dreams advised me of 2 weeks after i ordered the bed.