Sooo, I bought a bed online ...

shaun_from_Africa

If you are definately going to reject the bed then you should stick to the SOGA and not the DSR's.
That way you are entitled to a full refund and you can leave it up to the retailers to arrange collection at their cost.

artbaron

Kevin_M wrote: »

I know some of you think I should just accept their offer, and while I agree that it would be less hassle, why should I accept it? These people felt no remorse in trying to squeeze more money out of me, and now they're trying to make it seem like they're doing me a favour when in fact they're just doing what they are legally obliged to.

Indeed. If more people stood up for their rights we'd have less of this type of seller around. Plus it's not just that. You've already seen what these people are like to deal with so what if another problem occurs? You'd have to go through all this again. My stance is to immediately reject anything that is damaged or in any way problematic. I never take a repair or a parts swap or anything, and that serves me pretty well.

Kevin_M wrote: »

Maybe what I could do is rewrite the email and offer to cancel the contract under DSR instead of SoGA.

Don't do that (as mentioned). You've rejected it so just stick to your guns. There's no need for you to explain yourself or start quoting law, just make it clear that you're rejecting it and you require a full refund within a reasonable time period.

Kevin_M_2

Thanks guys.

Here is my new toned-down email:

Hi Louise,

Your offer is unacceptable. A replacement part is what I originally requested, but you refused that request outright and instead attempted to make me pay for something which I should not have to. Now you are trying to make it seem like you are doing me a favour by offering to fulfil my original request.

Therefore, as per The Sale of Goods Act 1979, I am rejecting the item due to it being damaged and request that you collect the item and refund the sum paid to you of £159. I will be sending a formal request letter via recorded post, as well a .pdf copy via email for your records shortly.

Since my original request for a replacement part was rejected, if you have already ordered the replacement part from the supplier you have done so of your own volition, and any attempt to deliver it to me will be refused. The bed has not been assembled in any way, only the damaged part was taken out of it's box to provide photographic evidence of said damage.

Regards,

-Kevin

I think that's firm but fair.

artbaron

I'd advise to cut it down a bit, wordiness only confuses things:

Thank you for your offer but it's not acceptable. I am rejecting the item in its entirety due to it being damaged. Please arrange for collection at your expense and please also issue a full refund (£159). I will be sending a formal request letter via recorded post as well a .pdf copy via email for your records shortly. I can confirm that the bed has not been used and has been unpacked only for the purpose of examination.

(edit: personally I wouldn't bother with the letter or the PDF but that's up to you)

Kevin_M_2

I went with your suggestion, artbaron, and kept it short and sweet. I pretty much used your version with a few tweaks.

I sent it last night, and got this reply this morning:

Dear Kevin

We advised we would send you a replacement side rail, if you are wanting to return the bed then yes please make sure this is in its original packaging and I can arrange collection for any week day only

please advise which day you would like this arranging for

I am astounded at the change in tone of their replies since I started quoting the law to them. Now they can't be helpful enough! All I can do is hope that they pay up once the bed is back in their possession.

Anyway, thanks to all for your help. I'm really glad I asked here now. :beer:

marleyboy

I am sure we will all be happy once we hear you have a full refund. Good work OP.

artbaron

Kevin_M wrote: »

I went with your suggestion, artbaron, and kept it short and sweet. I pretty much used your version with a few tweaks.

I sent it last night, and got this reply this morning:

I am astounded at the change in tone of their replies since I started quoting the law to them. Now they can't be helpful enough! All I can do is hope that they pay up once the bed is back in their possession.

Anyway, thanks to all for your help. I'm really glad I asked here now. :beer:

As easy as that

Kevin_M_2

Well, it's been a fortnight now since the bed was collected, and still no refund. I'm going to send them an email and see what response I get.

This should be interesting!

wealdroam

Kevin_M wrote: »

Well, it's been a fortnight now since the bed was collected, and still no refund. I'm going to send them an email and see what response I get.

This should be interesting!

And I would be chasing them too.

But please bear in mind that DSRs allow up to 30 days for a refund.

I know you didn't use DSRs, but maybe that timescale could be considered reasonable for a SoGA refund too.