Next step in getting my money back?

crei

I took delivery on the 19th of 4 sofas purchased 3 moths ago online. They are ALL damaged, which I immediately took photos of and sent with an email stating I wanted a refund.
I heard nothing so emailed an 'official' letter detailing the faults and stating my rights to a full refund. I also asked them to reply within 7 days and again enclosed photos of the damages. I also called the company and was promised someone would get back to me that day. I waited all day and called the next to be told that they had no record of anyone needing to get back to me, but my formal email would be forwarded to the manager and I would get an email at the end of today (30th) from the manager.

So far I've heard nothing and, to be honest, will be surprised if I do.

My question is, what's my next step if I don't hear anything by today (my deadline 7 days)? Is it another letter / email? WHat should I say? I'm not afraid to take them to court, but I'm unsure of how to 'play' it....:mad:

Thanks

fluffnutter

What's the company? Are they UK based?

crei

Yes, I paid a UK company, but their good were made overseas - not that that should make a difference as I didn't know this at point of sale. I'm aware of my rights, I just don't know if my next step is giving a county court deadline...?

crei

Would a registered letter hold more clout than an email?

fluffnutter

I'd send a recorded delivery letter advising that they have 14 days in which to pick up the sofas and refund your money. TBH, I'd have rejected them under DSR and not SOGA. It's less disputable.

I'd still like to know what the company is.

crei

As I notified them on the day of delivery that I want to reject them, couldn't I still use the DSR?
It's a company called The Lime Tree SHop

crei

In fact, I told them I wanted to reject them under DSR in my 1st email!

Lovelyjoolz

Don't you have to actually reject them and refuse delivery to claim under DSR?

I'm not trying to offend, I'm just trying to learn the process.

Quentin

Lovelyjoolz wrote: »

Don't you have to actually reject them and refuse delivery to claim under DSR?

I'm not trying to offend, I'm just trying to learn the process.

No.

Google Distance Selling Regs for lots of info to learn the process

fluffnutter

Lovelyjoolz wrote: »

Don't you have to actually reject them and refuse delivery to claim under DSR?

I'm not trying to offend, I'm just trying to learn the process.

No. Typically you take receipt of the goods (so that you can inspect them). You then have 7 working days in which you need to advise by durable medium (email, letter) that you're rejecting the goods under the DSR.

Some things are exempt from DSR, most significantly personalised goods. You're also (usually) liable for the cost of returning the item.

I suggested the DSR (although I think it's probably too late in this instance) because it removes the debate about whether anything's damaged or not, which can be subjective.

More info on the DSR here.

fluffnutter

crei wrote: »

As I notified them on the day of delivery that I want to reject them, couldn't I still use the DSR?
It's a company called The Lime Tree SHop

I'd certainly try that. Their own T&Cs state..

We offer customers a grace period of 7 days from delivery where we will allow you to cancel your purchase and return your unused items(s) for a refund of the full purchase price (including original shipping costs). Please email or write to us if you wish to cancel your purchase within the 7 day period.

There is no specific instruction to mention the DSR when cancelling so you could argue that you've met this condition.

Your main problem seems to be getting them to respond to you.