Bought a 'slightly damaged' bed - not as described!!

GotNoRhythm

Writing a letter - will post how it all goes...

GotNoRhythm

I called Consumer Direct and they were FAB!! I spoke to a lovely lady called Mel who told me what to put in the letter word-for-word, and to quote both SOGA and DSRs. Sent it off yesterday (recorded delivery) so they should get it today. Mel at CD said to get back to them with an update. I'll post an update as soon as I get a response (and hopefully get rid of the bed!!)

somethingcorporate

You should not have mentioned DSRs at all as if they accept your rejection under this you are (almost certainly) liable for return postage.

You have now given the retailer a way out that will end up costing you. SOGA would have seen you pay nothing.

CD do not always give good advice, unfortunately.

GotNoRhythm

The DSR referred to the 7 days cancellation period (to reiterate to the company that I requested a refund by email within 7 days of receiving the bed), the SOGA referred to the fact that the bed was not as advertised.

somethingcorporate

But if they have the choice of saying yes to either of the avenues you have given them (DSR or SOGA) the DSR option puts the cost of returning back in your court, hence it should (in my opinion) have been ignored. You have enough evidence to successfully argue under SOGA.

arcon5

The difference is, if rejecting the under under SOGA the retailer is responsible for courier costs in returning the bed to them. DSRs can include a clause whereby buyer is responsible for return costs.

You should reject it under one or the other, SOGA preferably as if they now take the option to cancel the contract under DSRs you could be out of pocket.

unholyangel

Agreed. Although i believe the DSR's do state that where goods do not conform to contract, seller is responsible for all costs (including return delivery).

So not really that big of an issue

From http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances. (guide for businesses to the DSRs)

arcon5

unholyangel wrote: »

Agreed. Although i believe the DSR's do state that where goods do not conform to contract, seller is responsible for all costs (including return delivery).

So not really that big of an issue

From http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

3.57 If the goods are faulty or do not comply with the contract, you will
have to pay for their return whatever the circumstances. (guide for businesses to the DSRs)

Although it does state this is the OFT info, i've never actually, myself or seen anybody else, be able to substantiate this with anything from the DSR legislation.............

I'd be more than happy to be proven otherwise though as this has been niggling away at me for a while now

HAD29

Hi there. The previous posters are absolutely correct with regards if the SGA 1979. The bed doesnt seem to be as described in so far as "slight damage". Not as described. The other part is fitness for purpose if known by the vendor. Well, it is a bed. If the legs are damaged then it may not take reasonable use (could it break if used?). Under SGA 1979 the vendor has to be given the opportunity to put right the defect. If the replacement parts they are offering satisfy that, then they are within their right to try and rectify the issue. If you have lost anything else , ie taking a day off dealing with and losing wages, then you can try and claim that because it was proximal to their defect.

I would for now take the replacement parts and see if that makes the bed satisfactory. Just because you have taken the replacement doesn't affect your rights. If they don't do it for you can still reject if you think the bed is not right. Good luck with it

GotNoRhythm

Hello everyone - Sorry I haven't replied before now - I thought I'd leave this thread until the problem was resolved one way or the other, and then I forgot to update it!

So... I sent several emails which got no further reply so I raised another 'complaint form' to say I hadn't had a reply. In the email I agreed to send back the bed and pay for the courier - I just wanted rid of the b..... thing by this point! I was informed that they didn't have space to store the bed in their warehouse and that I was free to dispose of the bed as I saw fit. I was given a full refund. Victory!! (And I sold the bed on eBay for £20, having fully explained to the buyer what had happened)