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Can I demand a refund?
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Pennyh17
Posts: 10 Forumite
I purchased a3 pcs suite from AHF, when it arrived there was a huge dent in one chair front and several pieces of the leather were different colour and texture, and the sofa had one half shiny and the other matte leather. We complained to the shop and someone came out, they originally said they would replace the chair but the rest was within tolerance. I said that was unacceptable and that if it had been explained to me that I may not be satisfied but "tough luck", then I would not have made the purchase. Eventually they agreed to either change the chair but no assurance that the colour would even be close let alone match, second, exchange for a complete suite the same, or third allow us to reselect. We chose option 3 but it has been more than 4 months and still nothing, am I entitled to say I want to cancel and get my money back?
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http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf
pages 9, 10 and 11 are pertinent. You need to start chasing them though, but having contacted them at the outset I think you can say that the goods were not accepted initially, due to the faults you describe. Moreover they have already sent someone out to view the goods in respect of your complaint.
If I were in your position I would now be considering legal action through small claims (google Money Claim Online).
Initially you need to send them a Letter Before Action, outlining what's gone wrong and what you want them to do about it. In your case you wish to cancel (rescind) the contract. You give them a timeframe within which to respond; if they don't respond or they don't give you what you want you can escalate to Small Claims.
You need to retain as much evidence as you can., including copies of all correspondence, to show in court should it come to that.
Please read about the Small Claims Process before initiating this so that you know the risks.
Alternatively you could contact Trading Standards so that they are aware; they might be able to help you.Don't put it DOWN; put it AWAY"I would like more sisters, that the taking out of one, might not leave such stillness" Emily DickinsonJanice 1964-2016
Thank you Honey Bear0
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