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Item paid in December but item still not received - what are my rights
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You're right - I read it earlier but misread debit as credit. 😶
That may just leave taking court action against Natuzzi if they don't play ball.Jenni x0 -
So what are my options?0
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You sent them a letter or email on 29 December giving them 14 days or you would refer it to the furniture ombudsman.
So give them until the end of next week to respond. If either they don't respond or you are not happy with their response go to the furniture ombudsman as you threatened.
I have no knowledge of the furniture ombudsman and don't know how they work. I do know somebody else posted earlier in the thread that Natuzzi aren't part of the ombudsman scheme. Whether that means you can't refer it to the ombudsman I simply don't know. You might as well contact the ombudsman now and ask them.
If you don't want another repair or replacement and you want a refund instead you will either have to ask your bank for a chargeback or you will need to sue Natuzzi.
I don't know if a chargeback would be applicable in your case or not. Again you could ask your bank. If your bank did try a chargeback, I suspect Natuzzi would challenge it and that a chargeback would fail. But again I simply don't know if a chargeback would work or not
Your only other option would be to sue them. I'm pretty certain that how you do that is covered very early on in this thread in various posts.
[I'm not a lawyer so I'm not giving this as legal advice, but my understanding is that you would first send them a Letter Before Claim briefly outlining what has happened, what remedy you want (a full refund), and referring to the law that supports your claim. And you tell them that if they don't agree to pay a full refund within nn days you will raise a money claim against them. (For the nn days I'd suggest a minimum of 14 days but you could say 21 or 28).
If they haven't complied within nn days you proceed to raise the claim.
You would be relying on s24(5)(a) Consumer Rights Act 2015 (legislation.gov.uk)
Given the other thread(s?) on here about Natuzzi I'd expect them to put up a fight. They will at least argue that they can reduce your refund to account for the use you've had of the item. It's up to you to argue as best you can with them that you alerted them to the issue immediately on first delivery and any delay in getting this sorted out has been down to them, not you. You've treated them in good faith by allowing them a second chance to repair/replace that the law doesn't give them.]
I'd advise you to come back here and ask again if they don't respond to your letter/email of 29 December.
NB - I'm assuming with all this that whatever damage has been caused to the item during delivery actually justifies you rejecting it. I think you've said that the Natuzzi badge has been damaged, but I'm not certain what other damage has been sustained?0 -
As this looks like a purchase in Dec 2021 a chargeback is well out of time.Life in the slow lane1
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