Never ending problems with Sofa company

amigo123

Hi. 

I would be most grateful if someone could help me with a nightmare of a company.

A few weeks ago, I purchased two sofas, accident cover and delivery/installation for a total of £3k.
I paid £1k deposit on credit card and the rest in cash a few days later.
The company started giving problems about a week ago.
First their delivery contractors wasted my whole day and never turned up on the arranged delivery date/time, making excuses about someone letting them down last minute.
The delivery was then with their agreement rearranged for today.

This time the delivery guys turned up, but when they took the sofa off the lorry, I could not believe my eyes.  The sofa was severely damaged with dark oil stains and it's seats were old/used with areas of the seating sunk in as though it was ex-display.

I rejected the delivery, but when I tried to call their customer services, I only kept getting answering machine.

I am really worried that I may have been scammed.  A large pot was my kids money they had saved up from their jobs and I'm sickened by the behaviour.

Please can you advise what rights if any I may have?

Would I be covered under the credit card, even though I paid 60% in cash?
.What rights/protection do I have for them to refund me fully?

Thanks in advance for your help. 

Aylesbury_Duck

Well done for paying some on credit card.  It means the card company are jointly liable for the whole purchase, so you have another avenue to pursue if you get no joy from the retailer.

Which retailer is  it?

amigo123

Hi and thanks Aylesbury_Duck 
The company we bought from is called NCF Living. It's head office is based in Birmingham. 

I'm really concerned that they may use some form of T&C to reduce our chances from getting a refund or if they replace the sofas, they will turn out to be another damaged or used pair.

Also,  what if they deliver a replacement, but after a while they breakdown? Are we still covered by the credit card company?

So far we've already sent a complaint email to them with photographic evidence, but what we've got nowhere to sit, so what should we do next? 

amigo123

Hiya, please could someone help me?
After going to/from NCF Living stores and customer services and endless phone calls, they agreed to refund.  But they have insisted that they can't refund the partial payment that I had made by card - The full amount would be ONLY cheque and this could be issued by the next day and a tracking number would be provided as proof.  After taking advice from Virgin Money credit cards, I was told it's fine to accept the refund in Cheque form.

I then emailed the company and asking them to go ahead with Cheque refund and provide a tracking number.  However, they have not done this at all.

I've now contacted Virgin Money and I'm now being told that I can only claim partial amount (3rd of the payment) as a chargeback and the rest would be via a dispute, where I would have to prove that the goods hadn't been received and payment.

Could you please help me whether this is correct advice and what I should do?

JJ_Egan

(I then emailed the company and asking them to go ahead with Cheque refund and provide a tracking number.  However, they have not done this at all)

How many days since asking ??

Aylesbury_Duck

How long ago did they promise the cheque?  It would seem simpler to press that rather than to have to go through the other route.

amigo123

Thanks for your replies.  To be very honest it hasn't been very long - 5 days.  But here is what we had agreed:
1. Cheque would be posted on 10th May and a tracking number as proof of postage would be provided on same or next working day - No tracking number received

2. NCF would call me to confirm this on 11th May - No call back at all.
I've tried calling them, but it goes to a voicemail.  I admit that I might be too early to chase this up or go down the route of Section 75, but this is a company that has some awful reviews of similar scenarios where people have had good experience buying, but then issues with delivery of goods or refund.  In hindsight this was a part that I overlooked and deeply regret it.

We're stuck and desperate as our money is held and we're sat on the floor without any sofas.  Virgin credit cards are saying that I can only claim the amount paid on credit card as a chargeback in a few weeks and not additional cash amount. Only after that I can claim Section 75, but even then it's a lengthy claim without guarantees.