We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Faulty furniture dispute with Material Things
Options
B0bCat
Posts: 10 Forumite
Last December we commissioned a suite of furniture from a company in Portsmouth called Material Things (the trading name of The Open House Design Company Ltd). The contract clearly stated the specifications and dimensions of each item. We paid a deposit of 25% of the final cost on the day of order using a credit card.
When the company attempted to deliver the furniture in March, it was obviously not made in accordance with the contract, it proved to be faulty because of numerous problems, and it was rejected and taken away. They initially offered verbally to correct the mistakes made with the furniture, but did nothing until 2 weeks later, when we were told for the first time that they would not advise making the furniture as per the original contract. The remedies offered verbally amounted to either (a) accepting the furniture as made, or (b) amending it as per the original contract, but only if we agreed to sign a disclaimer. This amounted to an unacceptable change in the terms and conditions of the original contract.
Having at no stage accepted the furniture, we confirmed our rejection of it under the Sale of Goods Act in writing and requested a refund of our deposit.
Their only response to this was to get a solicitor, MC Law of Petersfield, to write to us, demanding we accept their proposed actions, or they would commence court proceedings against us for their client’s “losses”.
We then used Section 75 of the Consumer Credit Act 1974 to obtain a refund of the deposit from our credit card company. They accepted our claim and refunded us the deposit.
Neither Material Things or their solicitor contested the action with our credit card company but have now written to us again, demanding payment of (a) the deposit, and (b) and an amount they claim is the “shortfall on re-sale of the furniture”. They are threatening to commence court proceedings if we don’t pay.
When the company attempted to deliver the furniture in March, it was obviously not made in accordance with the contract, it proved to be faulty because of numerous problems, and it was rejected and taken away. They initially offered verbally to correct the mistakes made with the furniture, but did nothing until 2 weeks later, when we were told for the first time that they would not advise making the furniture as per the original contract. The remedies offered verbally amounted to either (a) accepting the furniture as made, or (b) amending it as per the original contract, but only if we agreed to sign a disclaimer. This amounted to an unacceptable change in the terms and conditions of the original contract.
Having at no stage accepted the furniture, we confirmed our rejection of it under the Sale of Goods Act in writing and requested a refund of our deposit.
Their only response to this was to get a solicitor, MC Law of Petersfield, to write to us, demanding we accept their proposed actions, or they would commence court proceedings against us for their client’s “losses”.
We then used Section 75 of the Consumer Credit Act 1974 to obtain a refund of the deposit from our credit card company. They accepted our claim and refunded us the deposit.
Neither Material Things or their solicitor contested the action with our credit card company but have now written to us again, demanding payment of (a) the deposit, and (b) and an amount they claim is the “shortfall on re-sale of the furniture”. They are threatening to commence court proceedings if we don’t pay.
- Has anyone else experienced problems with this company?
- Has anyone else had a company pursue them for money even after obtaining a refund via a successful S75 claim? If so, what did they do?
- What bodies or organisations can we report the company and their solicitor to for this unprofessional behaviour?
- Do we have any grounds for demanding compensation?
- What costs can we recover if this goes to court and we win? (we’ve already incurred costs during the sale process)
- Would there be any benefit in issuing a counter claim?
0
Comments
-
- Has anyone else experienced problems with this company?
- Has anyone else had a company pursue them for money even after obtaining a refund via a successful S75 claim? If so, what did they do?
- What bodies or organisations can we report the company and their solicitor to for this unprofessional behaviour?
- Do we have any grounds for demanding compensation?
- What costs can we recover if this goes to court and we win? (we’ve already incurred costs during the sale process)
- Would there be any benefit in issuing a counter claim?
Hi
I can't be too helpful here other than to say it sounds like a breach of contract. I would perhaps put your case here: www.direct.gov.uk/consumer the government consumer advice website. They should be able to offer advice and were quick to respond to my case.
Also your claim from the credit card company and your issue with Material Things are, while connected, 2 seperate concerns and there would be no reason for Material Things to contest it because they do not have to only the card company can contest your claim.
I think the solicitors letter might be a scare tactic!
Incidentally, can I ask you how long it took to receive your refund from the credit card company? As I too am having to make a claim under section 75.0 -
We did contact the Directgov website, but only got what appeared to be a stock reply with information about the Sale of Goods Act & Consumer Credit Act. They did say that information we'd provided had been passed to Hampshire Trading Standards.
The credit card company told us that they had claimed the money back from Material Things' bank account, and that they had 45 days to contest the claim, after when they lost the right to do so.
It took about a month from putting in our dispute to the credit card company to them crediting the amount back to our account. We had to supply them with copies of all relevant correspondence before they processed our claim.0 -
Latest update on this dispute. We wrote to the solicitor M C Law to point out that our credit card company had accepted that Material Things had breached the contract & that was why they processed our refund.
We asked them (a) why they had failed to contest the reversal of the charge with the credit card company, and (b) under what legislation they believed their client was entitled to payment for faulty goods we had rejected.
Their response was to say that their position was clear, and they had nothing further to add! Just that, no explanation or anything.0 -
Hi,
Then I would suggest that you also believe that you are in the right & are prepared to contest this in court if need be.
Do you have things like photos, stuff that shows the issues etc - letters sent to company rejecting goods etc.
MarkWe’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com0 -
Latest update on this dispute. We wrote to the solicitor M C Law to point out that our credit card company had accepted that Material Things had breached the contract & that was why they processed our refund.
We asked them (a) why they had failed to contest the reversal of the charge with the credit card company, and (b) under what legislation they believed their client was entitled to payment for faulty goods we had rejected.
Their response was to say that their position was clear, and they had nothing further to add! Just that, no explanation or anything.
You haven't actually said how much is in contention here ?
The solicitors are not going to enter into a discussion with you. They have one purpose that is to get the money their client, Material Things, considers is owed. They will not discus the rights and wrongs with you.
If the facts are exactly as stated in your original post ie they agreed to make this furniture to your specifications then changed the specifications without any further input from you. You then rejected the goods because they did not meet the agreed specifications. You would seem to have a good case and the Solicitor is "trying it on"
You would seem to have three options
1 Pay the sum requested.
2 Tell them that you will be happy to see them in court and await developments.
3 Discus the case with a solicitor and pay for or get a free half hour."The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
The deposit was £1,795 and the so-called “shortfall on re-sale of the furniture” is, from memory, about £3,000.
You’re right about the solicitors – they’ve totally disregarded what we’ve said in correspondence to them, and just continued with a pay up or we’ll take you to court approach. (Actually at one point after they said their client had re-sold the furniture, but were still holding our deposit, they told us as a “gesture of goodwill” (you couldn’t make this stuff up, could you!) they wouldn’t take us to court).
The facts are as stated in the original post. We’ve told the solicitors that we are not paying anything and that we’ll go to court if necessary.0 -
Latest update – solicitor obviously not just “trying it on” as we have now received notifications of court proceedings. Not had a chance to study it yet, but the gist of the claim appears to be that we refused to accept furniture made in accordance with the contract.
If they’d made it in accordance with the contract, then we’d have accepted it with open arms, paid the money & have it adorning our living room now! What planet are these people on?!! :mad:0 -
Your claim with the credit card company is for whole amount paid for the goods, not just the amount paid on the card.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
-
Latest update – solicitor obviously not just “trying it on” as we have now received notifications of court proceedings. Not had a chance to study it yet, but the gist of the claim appears to be that we refused to accept furniture made in accordance with the contract.
If they’d made it in accordance with the contract, then we’d have accepted it with open arms, paid the money & have it adorning our living room now! What planet are these people on?!! :mad:
Was the "notification" a photocopy, or an actual original notification from the County Court? Or was it just a letter from the solicitor?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Your claim with the credit card company is for whole amount paid for the goods, not just the amount paid on the card.
Just to clarify - we claimed the amount of our deposit £1,795 paid by credit card. We did not pay anything else.
Was the "notification" a photocopy, or an actual original notification from the County Court? Or was it just a letter from the solicitor?
I believe it is the notification from the Court, but will confirm later. I think my partner & I have received one each.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards