where do I stand?

neillliverpoolfc

Hello,
Can anyone please advise me on what to do ?
I recently purchased a refurbished sofa from on company that sells on ebay.
I paid for the sofa in full and an £80 delivery charge.
I sold our old sofa and arranged delivery of our new sofa.
I had to take a half day from work to sit in and wait for the delivery but got a call at 8.30 in the morning to say the delivery van had broke down and they could not delivery and would re-arrange the following week, so I had to take another half day from work and lose another half day pay for that delivery
the delivery arrived the following week and when I opened the packaging it was not the sofa I had bought! I contacted the company who later informed me that my sofa had been delivered to someone else and as my sofa was better than the one they had order they were denying they had received it and that there was nothing else they could do to get the sofa back.
The company offered to refund my money or offered me a sofa I didn't want.
I am now left without the sofa I bought,am down 2 x half days pay from work, i have sold my original sofa so will be sitting on the floor for xmas also my wife is 8 months pregnant and is nesting,this sofa was the last piece of the front room she has been decorating for the last month so she is climbing the walls with stress and anger from the whole situation
Can anyone please advise me of my rights,where I stand on getting the sofa or compensation?
Any help would be much appreciated.
kind regards

Neill

campdave

If you're going down the compensation route, seek a lawyer's opinion, not the internet.

Brooker_Dave

neillliverpoolfc wrote: »

will be sitting on the floor for xmas also my wife is 8 months pregnant and is nesting,this sofa was the last piece of the front room she has been decorating for the last month so she is climbing the walls with stress and anger from the whole situation

You could always buy another sofa, plenty of time before xmas?

the_lunatic_is_in_my_head

First off if you don't want the sofa they've delivered advise them you'd like them to collect this and refund you in full.

Once this happens then advise them you'd like your 2 half days pay covered, (but get the refund first as if you rub them the wrong way they may not bother to help in taking away the wrong sofa and refunding).

As the first delivery failed you'd be entitled to the cost of waiting for the 2nd delivery, as the second delivery was the wrong item and they can't supply the correct item you'd be entitled to both half days off.

Get something from your employer to show what those 2 half days pay would be, that you weren't at work and wasn't paid for the time off.

If they won't pay for the time issue a notice before action and then file via small claims. More help on the consumer rights board here on MSE about this if you need but as I say get the other sofa returned and your initial payment refunded first.

You are unlikely to be entitled for compensation for the aggravation, you may be entitled to the difference in the cost of finding the same sofa elsewhere (i.e if it was £50 more expensive from another seller you could claim loss of a bargain for the difference) but you need to mitigate your losses so can't just buy the most expensive thing you can find and ask them for the difference. Anything you claim must be reasonable and should show you've tried to claim as little as possible.