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Particulars of Claim - County Court
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KianTierney89
Posts: 9 Forumite
Hello,
I am taking a sofa company to the county court unless they are able to resolve and refund money they owe me as they sold me a sofa that did not match what I ordered and are £109.99 short on the refund.
I was advised on another forum to look at this 'Take a look through sections 20-24 of the Consumer Rights Act 2015.' and I was also told the following 'You have a short term right to reject if the items are not as described and have a look at para 8 re: returns charges'
Below is the first letter I sent to them;
“(My address)
UKSOFAS
Mr ***** ******
41 Litchfield Road
Birmingham
B6 5RW
18th March 2017 Receipt # 0140
Dear Mr *******,
Under the Consumer Rights Act 2015, I have legally rejected the goods delivered on the 17th March 2017 which are the ‘Lucy 3 + 2’ Sofas Set as they do not match what I ordered. I can legally do this even if you think the correct sofas have been sent, please see below;
Under paragraph 8 of the Consumer Rights Act 2015;
(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.
Please arrange collection of the sofas as soon as possible.
This letter has been sent to reserve my legal position.
I look forward to hearing from you,
Yours Sincerely,
Mr Kian O’Tierney”
I was then advised the following, ‘I would have also included the s22 short term right to reject within 30 days after delivery if the items are not as described or expected.’
The company wrong back to me, I was then advised the following, ‘I think they dont fully understand the CRA 2015. They misunderstand that you have 30 days in which to reject. They also misunderstand that they are responsible for the return costs. You have seen the CRA 2015, quote the relevant parts in your response. Give them a deadline of 14 days to arrange collection and include what is actually wrong with the color of the faux leather and the cushions.’
A letter was sent explaining this but the company refused to sign for it and it’s now stuck at their local postal delivery office.
I was advised to send them a letter before action which I did on the 9th April, it was sent via post and email, however, there has been no response so I have been advised to look at money claim but I need to write the particulars of claim. I have done my first draft and you can see it below, does it need changing or anything? Any advice would be gratefully appreciated.
I purchased a 3 and 2 sofa set from UKSOFAS. On the 28th February 2017 I paid a deposit of £69.99, on the 14th March 2017 I paid the remaining £470 payment. Delivery of the sofa set was free. The sofas that were delivered did not match what I ordered and under the Consumer Rights Act 2015 I rejected the order within the 14 days, and I asked UKSOFAS to arrange collection of the sofas. The sofas were collected on the 31st March 2017 and a refund payment was made by UKSOFAS on the 3rd April 2017 and the amount was £430 but the refund is £109.99 short which is what I am claiming for. A letter before action was sent on the 9th April 2017 however UKSOFAS did not acknowledge this letter, I did everything in my power to resolve this matter before making this claim.
I am taking a sofa company to the county court unless they are able to resolve and refund money they owe me as they sold me a sofa that did not match what I ordered and are £109.99 short on the refund.
I was advised on another forum to look at this 'Take a look through sections 20-24 of the Consumer Rights Act 2015.' and I was also told the following 'You have a short term right to reject if the items are not as described and have a look at para 8 re: returns charges'
Below is the first letter I sent to them;
“(My address)
UKSOFAS
Mr ***** ******
41 Litchfield Road
Birmingham
B6 5RW
18th March 2017 Receipt # 0140
Dear Mr *******,
Under the Consumer Rights Act 2015, I have legally rejected the goods delivered on the 17th March 2017 which are the ‘Lucy 3 + 2’ Sofas Set as they do not match what I ordered. I can legally do this even if you think the correct sofas have been sent, please see below;
Under paragraph 8 of the Consumer Rights Act 2015;
(8) Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.
Please arrange collection of the sofas as soon as possible.
This letter has been sent to reserve my legal position.
I look forward to hearing from you,
Yours Sincerely,
Mr Kian O’Tierney”
I was then advised the following, ‘I would have also included the s22 short term right to reject within 30 days after delivery if the items are not as described or expected.’
The company wrong back to me, I was then advised the following, ‘I think they dont fully understand the CRA 2015. They misunderstand that you have 30 days in which to reject. They also misunderstand that they are responsible for the return costs. You have seen the CRA 2015, quote the relevant parts in your response. Give them a deadline of 14 days to arrange collection and include what is actually wrong with the color of the faux leather and the cushions.’
A letter was sent explaining this but the company refused to sign for it and it’s now stuck at their local postal delivery office.
I was advised to send them a letter before action which I did on the 9th April, it was sent via post and email, however, there has been no response so I have been advised to look at money claim but I need to write the particulars of claim. I have done my first draft and you can see it below, does it need changing or anything? Any advice would be gratefully appreciated.
I purchased a 3 and 2 sofa set from UKSOFAS. On the 28th February 2017 I paid a deposit of £69.99, on the 14th March 2017 I paid the remaining £470 payment. Delivery of the sofa set was free. The sofas that were delivered did not match what I ordered and under the Consumer Rights Act 2015 I rejected the order within the 14 days, and I asked UKSOFAS to arrange collection of the sofas. The sofas were collected on the 31st March 2017 and a refund payment was made by UKSOFAS on the 3rd April 2017 and the amount was £430 but the refund is £109.99 short which is what I am claiming for. A letter before action was sent on the 9th April 2017 however UKSOFAS did not acknowledge this letter, I did everything in my power to resolve this matter before making this claim.
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Comments
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If you are using the short term right to reject, you will need to prove that the goods do not conform to contract.
I fear that if you are unable to do this you may well lose the court case.
What other forum were you using?
Why have you decided to abandon them - if indeed you have?
Ah... I see it was Legal Beagles.0 -
The sofas do not match what I ordered, this is the reason, the company have collected the sofas but the refund is £109.99 short.
I have taken several pictures of the sofas.0 -
What is the seller's explanation for the £109.00 discrepancy?KianTierney89 wrote: »The sofas do not match what I ordered, this is the reason, the company have collected the sofas but the refund is £109.99 short.
I have taken several pictures of the sofas.0 -
I haven't heard an official reason but I can only assume it's for the return costs.0
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The one in the photo is not the same as the website, you say you ordered Lucy but the one you link to is called "New Royal" so not the same set. I can't even see a set called Lucy so are you sure of your facts? As this is not the set you ordered.
http://www.uksofas.com/32-sofa-bed/0 -
The seller did say they are referred to as Lucy as well.
I would post a link but the website isn't allowing me.0 -
The one in the photo is not the same as the website, you say you ordered Lucy but the one you link to is called "New Royal" so not the same set. I can't even see a set called Lucy so are you sure of your facts? As this is not the set you ordered.
http://www.uksofas.com/32-sofa-bed/
If you look under the description of the New Royal it does state product name: Lucy Lush Range so it looks like they use multiple names for the same item
http://www.uksofas.com/product/new-royal-fabric-32-sofa-set-mink/0 -
The one in the photo is not the same as the website, you say you ordered Lucy but the one you link to is called "New Royal" so not the same set. I can't even see a set called Lucy so are you sure of your facts? As this is not the set you ordered.
http://www.uksofas.com/32-sofa-bed/
Only Lucy I could find is the one below and looks totally different to the two pictures the OP has shown on the other forum
http://www.uksofas.com/uncategorized/new-lucy-lush-corner-32-seater-sofa/0 -
Please look at FosterDogs link, that is the set.0
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Did you give them a time frame to reply in the LBA before saying you would commence legal proceedings?
If not, personally I would send one more LBA giving them two weeks to make payment of the £109.
After the two weeks, if no payment received, file a claim.
All the info you need is below
http://www.moneysavingexpert.com/reclaim/small-claims-court
PS - Make sure you take screenshots of the sofa they offer on their site, so you can show at court, if it progresses that far.0
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