Help with Damaged Goods

Alixjess

Hi


Wondering if anyone can help. At the beginning of April we ordered a garden furniture set from Esprahomes that we were told would be delivered end of April. This time came and went and then we were told there was a delay from the manufacturer and it would be may. Again this time came and went. On june the 15th we were told it would be delivered in a 4 hour time slot, they never showed up.


Then it turned out our item had been lost, we demanded either a new set be delivered or a refund! It took 2 weeks to get a refund when they had our money at the beginning of April. The next day the furniture turned up!


They are now demanding full payment, however the item is damaged, there are a number of scuffs and the glass is scratched. We are looking at claiming delivery compensation and damage compensation from them but they are threatening to take us to court for full payment.


They want to collect the item, fully boxed and packaged, which we cant do as it has been unboxed and rained since then!


Where do we stand? Any help would be appreciated.

Alixjess

Hi All,


We have now received a CCJ for payment for the goods, however this was after we sent a letter asking for delivery compensation and a reduced amount for the damaged goods.


They have lied on the CCJ form and missed out a number of key events to make it look like we are in the wrong, however, we are not trying to not pay, we are just only willing to pay for the service received. Any help would be appreciated.


Regards


Alix

JJ_Egan

Difficult to work through the waffle but i am reading this is .
You had a contract it was cancelled due to non delivery and you where refunded .Fine end of story end of contract .

But it was delivered you accepted delivery and even opened the box and used the product and its been rained on .

Sorry but you owe them for this product you accepted and used .


Delivery compensation for what ??? you would need to show loss .

Damage compensation why if you accepted the product then you immediately reported the damage .

m0bov

You accepted the goods and used them, they are now yours. You should have rejected them straight away (you should not have signed for them).

Did you report the damage straight away? You seems to have created a bit of a mess by accepting goods not paid for and then using faulty goods.

Country_Cousin

So when it arrived you told them you had received it and also logged the damage with them ?