Some advice needed re breach of contract and obtaining a refund

siren13577

Hi,

I'm just after some advice, here's a bit of background information. Five weeks (almost) ago we bought and paid for a left handed corner suite from a local retailer. We paid for it on Thursday and the delivery was arranged for the following Saturday, Saturday comes and so does a suite, not the one we ordered, made from a different material and right handed instead of left.

The only thing that was correct was the footstool that was included with the price. We paid the delivery guys and they left, at this point we didn't know that it was the wrong suite as it was still wrapped, obviously when we unwrapped we immediately got in touch with the shop and told them it was the wrong one. The man we spoke to said he'd get the guys to come and collect the suite and bring the correct one, that day. Close of business comes and no suite. Now we just want our money back

As of now we are totally fed up of excuses and 'explainations' that seem like blatant lies, today is the final straw. I spoke to trading standards last week and have some advice from them saying to put it in writing that we want our money back. Can someone provide me with a template of what to include in a letter I can send to this guy? How long will it take to get our money back? How much time should we give him to refund us? Can we have the money before he collects the wrong suite? I don't trust this man at all and I don't want to agree to anything such as half back now, half when he collects the suite, I also don't want to agree to anything that's in opposition to our statutory rights. We've discovered that this guy is reknowned for this sort of thing.

We still have the incorrect suite and it's just totally wrong for the room, other than that I have three children, two of which are one and six respectively and I'm terrified of the refusing to accept it back. The guy at the shop said it was okay to use it and it is in good condition and is not marked or anything but still.


Aside from the letter I can write requesting our £500 back, is there anything I should know if requesting a refund doesn't go our way. I'm willing to go through small claims if necessary, are there any extras I should know about after being able to apply court fees to the outstanding amount. Anything like storage, time, cost of phone bills, travel or anything else?

We're going en masse to the shop tomorrow which is when I will give this guy the letter as well as sending it recorded so there's no denial that I've instigated things but I really want to get the ball rolling.

Any advice would be really appreciated, this has caused no end of trouble and problems for us so I just need it sorting right away.

Thanks in advance.

siren13577

Anyone? I know it's not very exciting but I really could do with some advice

kerry13238

how did you pay ie if it was credit card ask them to claim the money back.if not send that you want refund in writing tell them they have 14days to refund and collect sofa if they do not you will issue a claim against them with money claims online. if they dont do it you can go to money claims online pay £30 and usually companys back down.

Valli

If it helps I would send this - as you say even if you do hand a copy over also send one by recorded delivery. I would caution against going 'en masse' - just you and partner. Then you won't appear to have been threatening. I'd write something along the line of this, by no means a template letter but the rule is (AFAIK)

Say what's wrong. Tell shopkeeper what you expect him/her to do. Give them a timeframe to work within. Send by recorded delivery.

If it goes to court add costs of letters/phone calls etc. But don't go mad!

Your name
Your address

date

their name
their address

Dear xxxx

Further to our telephone conversation of (date) when I discussed the delivery of the suite I write to confirm that the suite delivered was not the one ordered. You agreed, during that telephone conversation, to collect the incorrect suite and deliver the one we have ordered the same day. This did not happen.

Despite numerous telephone conversations we still have not received the suite that we ordered and you have still not arranged collection of the wrongly delivered furniture.

I therefore request that you arrange with me a mutually convenient time to collect the suite and also request that, as you have been unable to fulful your contract you return all monies I paid , £xxx, within 14 days of the date of this letter.

Yours sincerely

Valli

That ^^^ should show you're serious. If the letter is then ignored you should go to small claims but someone else will have to help you there as I have never had to go that far!
You could add a paragraph to your letter along the lines of

In the event that you do not comply with my request I will have no option but to take the matter further.

Miss_Chilli

I agree with Valli, send a letter in recorded delivery, stating your issue and their breach of contract and confirm that you want a resolution in x days.

Consumer Direct have template letters which may help. Google "Consumer Direct"

I would also mention about not being able to store their sofa for long – it is inconvenient to you.


Dear Sirs

On the <<date>> I purchased a sofa (insert name, colour etc) for £ which was due to be delivered on <<>>

Upon delivery and payment we established that the sofa delivered was not as per our order and not fit for purpose. I contacted you immediately and you promised that you would remedy the situation that day. To date this hasn’t happened despite numerous attempt of communication with you.

Due to your failure to deliver as per our agreement, you are in breach of contract, and due to the untenable situation, we require fully remedy by you arranging a mutually convenient time to collect the sofa and provide a full refund within 14 days of the date of this letter.

As we are unable to store your sofa indefinitely, failure to collect within the timeframe above, will result in us having to dispose of the item the cost of which will be transferred to you via a claim via the Small Claims Court.

I trust that you will remedy the situation by <<14 days after you send letter>> otherwise, we will have no option but to take further legal action.

Yours faithfully



. I guess the morale of the story, is that even if you don't like credit cards, always use them to pay for goods as they have a legal duty to assist should something like this happen. As Martin always says though, ensure you pay it off immediately so you don't incur charges

Good Luck and be determined and factual, but not emotional when you are dealing with these companies. I always pretend I'm dealing with somebody else's issue otherwise I can get quite het up!

siren13577

Thank you for that letter, it's great, I'll get that copied and sent out. When I say en masse I mean myself, partner and children as there's no one else to mind them.

Thanks ever so much for all your help!!

Valli

siren13577 wrote: »

Thank you for that letter, it's great, I'll get that copied and sent out. When I say en masse I mean myself, partner and children as there's no one else to mind them.

Thanks ever so much for all your help!!

Ha - I had visions of you taking your big burly brothers round...
basically Miss Chilli said what I did but with a much more extensive vocabulary :rotfl:

Miss_Chilli

Valli wrote: »

Ha - I had visions of you taking your big burly brothers round...
basically Miss Chilli said what I did but with a much more extensive vocabulary :rotfl:

I spout a lot of long words, although I might not understand them all!:D

I just thought that the fact that the incorrect sofa was being stored at an inconvenience to them should be acknowledged. Rent should be paid :A

x