Advice Re. Bed

bozbear

Hi All


Back in October I approached a local company about making me some children's bunk beds. I wanted them made exactly as per the photograph advertising them on their website (facebook).


I was quoted £300. The only difference to be that the bottom of the bed have lats for a second mattress but all else as per picture.


I paid my £100 deposit and awaited to be told that they would be ready. At the beginning of December I was told they were ready and would be delivered that weekend if I paid the balance. Balance duly paid. Beds didn't arrive. We rang and were told 'oh they just need a bit more finishing off' will be ready Thursday. Thursday came - beds not delivered - Weekend? Same again... Monday the 23rd December - Beds ready could we collect?


Anyway, my husband went down to the workshop and rang me up to say he thought they were wrong, they looked nothing like ordered. I told him to take a picture and leave in situe so we could look back on the photograph of the ordered bed.


I have put the photographs in the picture below.


Anyway they looked nothing like ordered, shape, finish, widows, colours everything was wrong.


Anyway, I contacted the company via their page and pointed out the following:

• There are no safety rails - Their response, you put those on after with screws (not on the original one)
• There is no staircase as explicitly included in the quote - Oh well my husband said I shouldn't have quoted that at that price.
• There is a massive window in the front which is not on the stock photograph - They replied saying this is an improvement to the other model - my reply was only if the customer wants it!
• The detail is not as precise - response: it Is exactly the same and it is the angle of the photograph.

Anyway needless to say I was fuming as it was 5pm on the Monday before Christmas and I had no beds for my boys which they had been waiting for ages. They came back saying that they would not even look at it until the 6th January!!!!


So I went out and bought beds, as these were needed (old ones were long gone) and constructed a letter highlighting that I was not happy and the goods were not as described. I explained I would like a full refund and would not accept the goods (they are still in their workshop).


So Monday the 6th January comes and they send me photograph 3! I don't want it. I replied saying thank you, but I have already made my position clear. Much toing and froing asking me to go and look at the bed (which I couldn't) and then telling me that the bed was the exact same bed which my husband had been to view on the 23rd December - which it isn't. Then telling me the bed wasn't actually finished on the 23rd (so why as us to collect it).


So I again make clear that I wish for a refund as the goods are not as described. She says no sorry I am not refunding you and I shall put the bed back up for sale (which she has done).


So she has the bed which I paid for (I don't want it)
She won't refund me
She is reselling the bed?


What doI do now. Do I have a case to get my money back?


Lucy

bozbear

What I ordered from

bozbear

MamaMoo_2

Clearly there has been a breach of contract.
It's very clear to me that the two beds are not the same at all.
If I were you, I would write a letter before action listing the issues such as
- staircase missing
- different placement of safety rail
- different space for mattress (top one clearly has a recess for the mattress, however putting a mattress on the bottom one would leave you with little/no safety rail). In fact, I'd say the second photo is a single bed, not a bunk at all. The absence of a reasonable recess for a mattress like the first picture, coupled with the lack of a ladder make it look like a fancy single bed.

And then, in the letter, give them say 7 days to refund in full or you will take further action.

Essentially, the goods are not as described and therefore you are entitled to reject under SOGA.

How did you pay the balance? If via debit card you can try a chargeback, if credit card, you can do a Section 75 claim, and if via PayPal, you can try to invoke their buyers protection but only for the £200 as the £100 is out of time for a claim.

If paid by any other means, you will have to take them to court to claim back your money. You can do this via the money claim online website.

Lomast

Did you order this online on instore? Im just wondering if it was purchased Online or by phone then you could reject under DSR, however im not sure if the slats for the snd bunk would be enough for it to be bespoke and therefor probably exempt from DSR

shaun_from_Africa

A paypal claim won't be possible even for the £200 second payment as buyer protection only applies where the full purchase price is paid in a single payment.

A DSR rejection can't be done even if ordered at a distance as the bed is clearly custom made.

As Mama said, if they fail to rectify or refund, it will have to be a chargeback, S75 or legal action claim.

bozbear

Hi Guys


Thanks for your replies, I have rejected this bed initially as there was no safety rails shown on it and it was not as discussed. I wished for the exact bed pictured.


What really grates me is that she has refused to refund me and I am rejecting on the basis it is not as described. But also she has now put the bed back up for sale. Surely she can not do this as it is technically my bed - I have paid for it, she hasn't refunded me and she is now trying to sell my bed again. Surely this can not be right.


Lucy

unholyangel

bozbear wrote: »

Hi Guys


Thanks for your replies, I have rejected this bed initially as there was no safety rails shown on it and it was not as discussed. I wished for the exact bed pictured.


What really grates me is that she has refused to refund me and I am rejecting on the basis it is not as described. But also she has now put the bed back up for sale. Surely she can not do this as it is technically my bed - I have paid for it, she hasn't refunded me and she is now trying to sell my bed again. Surely this can not be right.


Lucy

You've rejected the bed so it isn't yours. Talk of it being "yours" because she has your money is only going to confuse matters. I don't mean that to sound harsh, just that once you've accepted goods, you cannot reject them outright for a refund - so if a refund is your remedy of choice....i'd advise you to put a halt to the "our bed" mentality

Out of interest, how much does she have the bed listed for?

bozbear

The bed is listed for £300. However, another lady emailed me tonight to say the top one is hers and she paid nearer £500 and it fell to pieces.


I have had contact from them tonight they have asked me to give them grace. They need to sell the bed to be able to refund me apparently - they cant afford to refund me otherwise.


I have said I will give them 30 days to issue a refund, and will put this in writing.


Apparently, they didn't get my letter as they choose not to open post

unholyangel

bozbear wrote: »

The bed is listed for £300. However, another lady emailed me tonight to say the top one is hers and she paid nearer £500 and it fell to pieces.


I have had contact from them tonight they have asked me to give them grace. They need to sell the bed to be able to refund me apparently - they cant afford to refund me otherwise.


I have said I will give them 30 days to issue a refund, and will put this in writing.


Apparently, they didn't get my letter as they choose not to open post

They don't open their post? IMO they've had a few more unhappy customers! May be worthwhile searching company name on google/companies house to see if they have any outstanding judgements against them already.

Usually the only people who avoid post are the ones that owe money.