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Different mattress sent asking for £49 charge for return

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Comments

  • Sebyle
    Sebyle Posts: 47 Forumite
    DoaM wrote: »
    You need need to get forceful and legal ...

    LETTER BEFORE ACTION
    Dear [whoever]
    With reference to prior communications, the goods supplied by [Company name] do not conform to contract, in that they do not match the description given when the order was placed, and are accordingly also not of satisfactory quality for the sum paid. As such [Company name] are in breach of contract and I am entitled to a full refund of all monies paid. Therefore I give notice that [Company name] must provide a full refund within 14 days of the date of this letter else a claim will be raised in the County Court ... costs of bringing such claim will be added the the amount claimed.

    Furthermore, as [Company name] is in breach of contract then they are also liable for the collection of said goods at my convenience. The following dates and times are suitable for the collection:

    Date and time 1
    Date and time 2
    Etc.

    I look forward to your urgent review and compliance with this request.

    Yours faithfully,

    [Name]

    PS - this Letter Before Action has been sent by both email and post, and a certificate of posting from the Post Office has been obtained as proof of posting.

    Something like that.
    And if they still play silly beggars, raise that claim ... Google for Money Claim Online.


    Thank you very much, I will do that.
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 March 2017 at 5:23PM
    You may want to google LBA rather than use the template above, which although helpful needs some more structured grammar :)

    You should include your evidence, perhaps your photo and a photo or screenshot of the website.

    Your LBA is your last letter to the company before any legal action.

    Perhaps add a draft here before you send it and collectively we can help you tweak it, if needs be.

    http://www.which.co.uk/consumer-rights/shopping?gclid=COLT7LKywtICFcEcGwodg2YGKA have a look here.
  • Sebyle
    Sebyle Posts: 47 Forumite
    You may want to google LBA rather than use the template above, which although helpful needs some more structured grammar :)

    You should include your evidence, perhaps your photo and a photo or screenshot of the website.

    Your LBA is your last letter to the company before any legal action.

    Perhaps add a draft here before you send it and collectively we can help you tweak it, if needs be.

    http://www.which.co.uk/consumer-rights/shopping?gclid=COLT7LKywtICFcEcGwodg2YGKA have a look here.


    Thank you very much you all so helpful :)
  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sebyle wrote: »
    Thank you very much you all so helpful :)

    Whilst I understand you may feel inclined to pay the now reduced fee of £29 to return this, please don't. This company is acting outside of legislation and should be collecting this and refunding you without hassle.

    Sadly, there are a lot of companies who feel they can flout the law. But posting as you have done will hopefully give you some help and hope that you don't have to pay up and shut up.
  • Sebyle
    Sebyle Posts: 47 Forumite
    Whilst I understand you may feel inclined to pay the now reduced fee of £29 to return this, please don't. This company is acting outside of legislation and should be collecting this and refunding you without hassle.

    Sadly, there are a lot of companies who feel they can flout the law. But posting as you have done will hopefully give you some help and hope that you don't have to pay up and shut up.


    Yes I do feel like given up but I don't want to give them that satisfaction and with your help I will get there. Thank you all :)
  • Sebyle
    Sebyle Posts: 47 Forumite
    Hi everybody, hope you all well. I have made this draft, didnt change much from the sample sent by Doam. Will be adding names adresses and r!f!rence.
    Please feel free to correct or add any of it.
    Thank you all


    LETTER BEFORE ACTION

    Dear Sir or Madame

    With reference to prior communications, the goods supplied by bed.co.uk do not conform to contract, in that they do not match the description given when the order was placed, and are accordingly also not of satisfactory quality for the sum paid.
    As such beds.co.uk are in breach of contract and I am entitled to a full refund of all money paid.
    Therefore I give notice that Beds.co.uk must provide a full refund within 14 days of the date of this letter else a claim will be raised in the County Court ... costs of bringing such claim will be added the the amount claimed.

    Furthermore, as beds.co.uk is in breach of contract then they are also liable for the collection of said goods at my convenience. The following dates and times are suitable for the collection:

    Monday to Saturday 8:00 to 17:00

    I look forward to your urgent review and compliance with this request.

    Yours faithfully,

    [Name]

    PS - this Letter Before Action has been sent by both email and post, and a certificate of posting from the Post Office has been obtained as proof of posting.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    That's basically a cut/paste of the example I quickly threw together. So either @theonlywayisup was wrong with his comment, or you didn't look at his link. ;)
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sebyle wrote: »
    Hi everybody, hope you all well. I have made this draft, didnt change much from the sample sent by Doam. Will be adding names adresses and r!f!rence.
    Please feel free to correct or add any of it.
    Thank you all


    LETTER BEFORE ACTION

    Dear Sir or Madame

    With reference to prior communications, the [STRIKE]goods [/STRIKE] mattress supplied by bed.co.uk does not conform to contract, in that [STRIKE]they[/STRIKE] it does not match the description given when the order was placed, and are accordingly also not of satisfactory quality for the sum paid.
    As such beds.co.uk are in breach of contract and I am entitled to a full refund of all money paid and for you to bear any reasonable costs in collectinf the item as laid out in Section 20 of the Consumer Rights Act 2015
    Therefore I give notice that Beds.co.uk must provide a full refund within 14 days of the date of this letter else a claim will be raised in the County Court ... costs of bringing such claim will be added the the amount claimed.

    Furthermore, as beds.co.uk is in breach of contract then they are also liable for the collection of said goods at my convenience. The following dates and times are suitable for the collection:

    Monday to Saturday 8:00 to 17:00

    I look forward to your urgent review and compliance with this request.

    Yours faithfully,

    [Name]

    PS - this Letter Before Action has been sent by both email and post, and a certificate of posting from the Post Office has been obtained as proof of posting.
    My suggestions in red.
  • Sebyle
    Sebyle Posts: 47 Forumite
    DoaM wrote: »
    That's basically a cut/paste of the example I quickly threw together. So either @theonlywayisup was wrong with his comment, or you didn't look at his link. ;)

    Hi you made me laugh, I did looked at the link and read quite a lot all information are there but too much for me and couldn't find a sample before action letter.
    I liked yours, my English is not good anyway so can't tell the difference ;)
    Thank you very much for the effort you put in helping others.
  • Sebyle
    Sebyle Posts: 47 Forumite
    neilmcl wrote: »
    My suggestions in red.

    Thank you so much for your help, you are a star :T
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