Bed Purchase

Whynot

Can anyone help me here please. I purchased a bed off a large company recently. I needed a bed in a hurry and therefore picked a bed and asked the shop manager if it was in stock otherwise it would take 4 weeks to deliver and this was no good to me. He assured me there was one left in stock. This was a Friday night order and he said if he couldnt get it to me by next deliverly on the following Tuesday I would have it on Friday. I accepted this and was prepared to wait the maximum of 7 days. I put a £150 deposit on it and waited. It didnt arrive on the Tuesday so checked following day to be told by same guy that they didnt have it in stock and it would take 4 weeks. Told him to cancel order immediately which he wasn't unhappy about. Went out same day bought bed elsewhere and awaited my refund. Cut long story short 2 months passed still arguing about refund now they say non refunable refund as on small terms and conditions on documentation I signed. Please advise what my legal rights are as I had a verbal guarenteed that bed was in stock which was their mistake and I can't afford to go to loss of £150 thanks for any help.:beer:

pinkshoes

Written letter entitled "letter before action" stating all the details, how they broke their side of the deal, they agreed to cancel and refund etc... and give them 14 days to return £150 before starting court action.

Send recorded delivery.

Whynot

Many thanks Pink Shoes will try that and see how I get on.:beer:

Equaliser123

pinkshoes wrote: »

Written letter entitled "letter before action" stating all the details, how they broke their side of the deal, they agreed to cancel and refund etc... and give them 14 days to return £150 before starting court action.

Send recorded delivery.

Entitling anything "letter before action" makes you appear like a mass-produced debt collector. Please don't do this.

Write to them, giving 7 days notice. You need to terminate the arrangement on the basis of their failure to deliver the goods within the prescribed period, alternatively, a reasonable period.

**curlywurly**

I bought a bed from Dreams once. This exact same thing happened to me. It took me going in the shop and refusing to leave before they agreed a refund. I agree with the other posters, send a letter before action (nowadays called a letter before claim) and say in it that you are writing it in accordance with the Pre Action Conduct Practice Direction. Under the PACPD they have 14 days to respond. Give them that deadline then begin a small claim. It's easy and you can do it online.

Equaliser123

**curlywurly** wrote: »

I bought a bed from Dreams once. This exact same thing happened to me. It took me going in the shop and refusing to leave before they agreed a refund. I agree with the other posters, send a letter before action (nowadays called a letter before claim) and say in it that you are writing it in accordance with the Pre Action Conduct Practice Direction. Under the PACPD they have 14 days to respond. Give them that deadline then begin a small claim. It's easy and you can do it online.

What utter rubbish. "PACPD" - pal, you are making up as you go along.

**curlywurly**

Hi Equaliser. See here http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm this is the protocol.

Equaliser123

**curlywurly** wrote: »

Hi Equaliser. See here http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_pre-action_conduct.htm this is the protocol.

Since when do Practice Directions apply in small claims disputes?

Can I remind you - this is a dispute over a bed.

**curlywurly**

Not sure why you are being so aggressive? The protocol sets out what is good practice to include in a letter before claim, and if that is what the OP decides to do, then there is a very handy paragraph on what information to include. It also shows that you know what you are doing.

Equaliser123

**curlywurly** wrote: »

Not sure why you are being so aggressive? The protocol sets out what is good practice to include in a letter before claim, and if that is what the OP decides to do, then there is a very handy paragraph on what information to include. It also shows that you know what you are doing.

Not being aggresive at all. Are you particularly sensitive?

You spout stuff as though you know it. But you don't. There are no protocols to be followed whatsoever and it is wrong to suggest otherwise.

**curlywurly**

Well we shall have to agree to disagree. I know it's just a bed, and it's only £150, but this company is pulling a fast one over a consumer, in the hope that that consumer will go away. A well drafted LBC which sets out all the facts is more likely to produce the desired result, and can be used as the basis for a claim should that become necessary.