Have I got a valid claim to go to court?

wealdroam

Kimflower wrote: »

I sent a letter before action 10 days ago and received an email at midnight last night to again say no refund and they are sorry that I had a change of heart after receiving the schematic codes and model nos? And my order is still being processed.

As suggested by Unholyangel, consider a S75 claim or a chargeback if appropriate.

Otherwise, it's time for you to read MSE's Small Claims Court guide.

Followed pretty swiftly by Money Claims Online.

Kimflower

I paid by debit card over the telephone - I have issued a case with my bank for a chargeback but not sure if they can help

Yes I have already sent my Letter a Before Action and lasts nights email was there reply, they are still refusing the refund and have advised that my order is in production - hence my worry that they can force me to receive and pay for the goods

I think my only option is to use the courts but as I am already £750 out of pocket it is a daunting thing to do especially if I may not have a valid case to do so

Thank you all so much

paddyrg

Not daunting, not expensive, and you probably won't even have to attend, and even if you do, it's not all wigs and barristers and oak pannelling and point-scoring, but putting both sides to a justice in a drab room and them deciding how to remedy things.

unholyangel

Kimflower wrote: »

I paid by debit card over the telephone - I have issued a case with my bank for a chargeback but not sure if they can help

Yes I have already sent my Letter a Before Action and lasts nights email was there reply, they are still refusing the refund and have advised that my order is in production - hence my worry that they can force me to receive and pay for the goods

I think my only option is to use the courts but as I am already £750 out of pocket it is a daunting thing to do especially if I may not have a valid case to do so

Thank you all so much

Personally upon receiving such an email, I'd have went along the lines of "oh so you're going to honour your original agreement of x price in total and interest free credit paid over x months, thats fine then as it was the changes to the terms that you were trying to make that made me cancel" and then watch how fast they backtrack - an agreement cannot be binding on you if it is not binding on them.

Theres actually a lot of info that might be of use to you so I'll just link the document and you can look through it (if you're unsure which parts may/are likely to apply, just ask - such as binding consumers to hidden terms, cancellation clauses, price variation clauses, financial penalties and suppliers right to vary terms generally).

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

Your initial filing fee on MCOL is £60 (for claims between £500 and £1000) and £80 hearing fee if it gets that far. But once you pay this money - you add it on to the total you are claiming from them (so if they offer to settle....you'd ask for deposit + costs incurred).

So perhaps not as expensive as you thought

Kimflower

I will have a read through - thank you

Aside from the points I have mentioned, if they have processed my order they have done so without the following information, if I wa to now go ahead I actually don't know if the order is what I want?

Colour choices of wood finishing
If the size of the armchair needs adjusting to my specific requirements (an option that was given to me if when they could confirm the measurements of the armchair I found it wouldn't fit)
No application for credit in place when they are aware this is how I am to pay for it

That amount isn't too bad especially if I may get all my money back...worth the risk I think

steampowered

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I think you have the right to cancel distance contracts within 14 days as this was a contract concluded by phone. Although this wouldn't apply if the furniture is being manufactured to your personal specifications.

I also think that the £125 delivery charge won't be binding if you were not informed at the time. The company was required to inform you that there was a delivery charge when you ordered under http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made and they didn't do so.

Unless you manage to get anywhere with doing a chargeback, I personally would just go ahead and issue a claim against them for the deposit. I imagine they will settle pretty quickly.

These companies often don't take notice until you actually issue court action. If more people did that, they wouldn't act in this manner towards consumers.

shaun_from_Africa

steampowered wrote: »

Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I think you have the right to cancel distance contracts within 14 days as this was a contract concluded by phone.

For the 14 day cancellation to apply, the communications must have been at a distance up to the point at which the contract was agreed.
The OP viewed the sofa in the showroom before deciding to go ahead, therefore the 14 day cancellation under the reg's doesn't apply.

This was exactly the same when the Distance selling regulations were in force.

Kimflower

There are so many points to the law, hence my original question as to if I was right to go to court, I have decided that I don't have anything to lose really and possibly will gain a refund so have decided to go ahead and issue a claim against them in court

Thank you everyone, I'll let you know the outcome

wealdroam

Kimflower wrote: »

There are so many points to the law, hence my original question as to if I was right to go to court, I have decided that I don't have anything to lose really and possibly will gain a refund so have decided to go ahead and issue a claim against them in court

Thank you everyone, I'll let you know the outcome

If I were you, I would at least wait to hear the response to your chargeback request from your bank. A few days will make no difference.

Kimflower

wealdroam wrote: »

If I were you, I would at least wait to hear the response to your chargeback request from your bank. A few days will make no difference.

I am now....my bank notified me yesterday that they have temporarily refunded the transaction to me pending an investigation.....this takes 6-8 weeks as the company have to be given appropriate time to respond........

I went through in every detail the events with CAB yesterday before starting the court claims procedure, aside from everything else the sofa company were legally obliged to provide me with my cancellation rights and failed to do so?

That's what I have been advised...?

Fingers crossed that the bank have it sorted, but I dont think this company are aware or understand fully of how they are suppose to conduct within trading laws so I am expecting them to dispute it....we will see