Returns dispute

JDM12

Hi all,

I'm fairly new to all this so apologies if this is post is on the wrong place. My query is regarding a purchase of my sister.

The background is she sat in all over Christmas to save up and buy herself some new oak bedroom furniture. She ordered it 18 weeks ago and paid 20% upfront (£1300 total cost), it was delivered last Monday were she paid the remaining balance but after she unwrapped it two of the wardrobes had massive cracks on them and one had an 4 inch hole in the roof. When she phoned up to complain the company told her there was nothing she could do, when she stated she wasn't happy she was told the very best she could do was maybe knock £100 off the price. Obviously not happy she insisted on speaking to a manager looking for the items returned and a full refund. The manager declined and said this was not an option. What she did offer was either wait another 18 weeks on a new set or take the items on floor display. She doesn't want either of these she just wants her money back due to the way she has been treated and spoken to on the phone. Does anyone know her rights on this as I feel sorry for her as she's quite young (22) any help with this would be greatly appreciated

thank you
BL

frugal_mike

If the items are damaged she has a right to reject them and get a full refund under the Sale of Goods Act if the items are not 'accepted'. Acceptance is a term defined in the Sale of Goods Act, but basically it gives the consumer a reasonable length of time to inspect the goods to ensure they conform to contract.

The shop cannot refuse the rejection unless they can show that the goods are not faulty, and they are probably committing an offence by trying to convince your sister that there is nothing she can do.

How did she pay? The payment method will determine what the best way forward is.

JDM12

Thank you very much for your reply,

She paid both the deposit and the remaining balance with cash, when the items were delivered she quickly inspecting them before leaving for work at the local chip shop. At lunch time the same delivery drivers called in for food where she made her first complaint. The drivers apologised and called to the house to take photos of the damage which they sent off to the store. Whenshe phoned the store later the lady on the phone said they are not willing to look at her complaint unless she took photos herself and sent them in. It's been a week now of phone calls and visits to the store and she is no further forward, it really hasn't been a pleasant experience for her. I just want to assure her of her rights so she can fight her corner.

Thanks again

wealdroam

JDM12 wrote: »

Whenshe phoned the store later the lady on the phone said they are not willing to look at her complaint unless she took photos herself and sent them in.

Has she done that?

The story has changed a bit, hasn't it?
Earlier you said "When she phoned up to complain the company told her there was nothing she could do, when she stated she wasn't happy she was told the very best she could do was maybe knock £100 off the price."

What is the store's current stance?

frugal_mike

Paying in cash rules out most options here, so if the shop really aren't going to co-operate then she may have to start court proceedings. This will involve sending them a Letter Before Action detailing her intention to make a claim against them if they don't honour their obligations under the contract within a reasonable time. Then if they still don't comply she will have to file a small claim against them.

JDM12

Just off the phone to her there,

Yes the photos were sent off and a manager called out to inspect them and accepted that the wardrobes were damaged and they would either replace them from the warehouse (18 weeks wait) or take replacement items from the shop store that are not in great condition (managers words) but she is not entitled to a refund. When she refused the manager became quite upset and accused her of being difficult as they were trying to be "reasonable" with her..

frugal_mike

The manager clearly isn't aware of the terms they agreed to (implied into all consumer contracts of sale by the Sale of Goods Act). Your sister will have to be explicit that she's rejecting the goods as per her rights under the Sale of Goods Act, and if that still doesn't work she will have to send a Letter Before Action.

JDM12

Thanks for all your help,

This is exactly the help I needed and was looking for, I'll give her all this info and hopefully she gets a positive response when next contacts them. Once again thank you everyone.

I'll let you know how she gets on
:-)