Bathroom order- delivery dumped, damaged they say no refund!!!

Noctu

Special delivery letter headed "Letter Before Action", detailing what you have mentioned above, and state that if you do not receive a refund of the toilet within 7 days that you will be taking them to Small Claims court.

You could also contact Trading Standards for further advice - they may even contact the retailer themselves to remind them of their responsibilities...

angrybird1234

Further email-

Without Prejudice,

Hi thanks for your email, based on the email correspondence sent by Jessica on the 27th of September we have given more than a reasonable time for you to check the goods and unfortunately we are unable to assist with the broken toilet.

The courier “UPS” left the goods outside the property in an attempt to avoid a failed delivery, it’s not something that has ever happened before and we were disappointed to learn of this. Consequently it was alleged the curtain rail was missing due to the actions of UPS and we have refunded this in full for you. The fact you chose to have the goods delivered to an address were you are not present is something we can’t control, when ordering from us we strongly advise you check the goods are complete and without damage on arrival or within 24hrs of them being delivered.

Nothing more can be said from our side as it has all been detailed on the various phone calls and emails. I am very sorry that you feel it necessary to take court action as I don’t believe we have acted unfairly or provided a bad service at any point.
(what???:mad::mad::mad::mad:)

Kind regards,

Managing Director
Victorian Plumbing Ltd

angrybird1234

Just on his point re "not being present" at our house-
We may not be present in our house- but as I’m sure many customers who have building world- thus buy bathrooms - will share the same position of living elsewhere while building work is carried out. The fact we are not living there full time is of no interest to them (its our first marital, newly purchased home...).

There was much confusion surrounding this, as again we have in writing from them telling me our tracking number had been lost.

Most customers as I’m sure they are also aware, work full time so need exact dates and time slots prior to an attempted delivery to be able to be present in the house- as we would. But no decent company would be satisfed knowing £600 of their products had been dumped without signiture and left in amber warning weather conditions overnight??!

unholyangel

Reply back to them stating that statute law affords you much longer than 24 hours and any "policy" of theirs does not (and can not) override UK law.

Specifically, the DSRs (if they apply) means that if the retailer informs you of your right to cancel under the DSRs, you have 7 working days starting the day after delivery to notify them of your intent to cancel in a durable (email/fax/letter etc) form. You do not have to return the goods within 7 working days. If the DSRs apply and they did not inform you of your rights under DSRs, if they inform you later, you have 7 working days starting the day after you receive the info. If they do not inform you at all, you have 3 months and 7 working days.


The SoGA states:

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract, and

(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.

(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.