Time limitation on refund for broken furniture.

Crequire · 10 May 2018 at 3:00PM

Hello all, I will try to make this brief for you, your time is appreciated.
If you'd like to see more details you can see the previous thread I made on this forum.

My question is as simple as this: What is the time limit for bringing someone to small claims court for a broken piece of furniture that was supposed to be replaced but never was?

But the small details here are likely important to answering this question so you may have to read my initial post or perhaps the following information is good enough.

A couch was purchased on 01/25/2017, a replacement for the broken part of the couch was supposed to get to me fairly quickly but ended up being delayed until May/June where their expected shipment didn't have the replacement section of the sofa, so they begin to deny everything and essentially I get stuck in the mud.

Now it's May of 2018, there's been no contact between the shop and myself because I felt like I had no power and that I had to chalk it up as a loss, the advice I received in the previous thread was to try small claims court(I've never done anything like this before) and at the very least send them a letter giving 15 days of initiation, but I could never figure out how I'd be able to send them that letter whilst proving that the letter they did receive was in fact a formal letter of action. Couldn't they just say they never received the letter, or that they did receive a letter but it had nothing to do with what I say I've sent?

Even the tiniest bit of advice would be immeasurably helpful, because this situation is really eating me up inside as I have to see my mum sitting on this dodgy sofa and after working hard all day, it's heartbreaking for me.

I need to know if I can right this wrong or if I should in fact chalk it up as a loss and move on.

unholyangel · 10 May 2018 at 3:38PM

Are you in the UK? Just the date format you use (01/25/2017) isn't the way we write dates in the UK.

Also, if they are denying it all....do you have proof when you contacted them or that you reported the fault to them? How did you pay for it?

Crequire · 10 May 2018 at 4:24PM

Yes I'm in the UK, strange how I messed the date up.

99% of all contact was done on the phone except when we initially found the fault in the sofa (within 24 hours) we contacted them via phone and they asked us to send pictures to their email, the trouble is it's not their business email, it was the email of whoever the guy was taking the call. But at least I can prove that picture evidence was taken and sent within 24 hours of receiving the goods, and if they denied receiving anything like that then how would they explain the proceeding dozens of calls back and forth around that time of day in regards to the pictures?

In terms of them agreeing to replace the furniture, there is no written proof of that.

unholyangel · 10 May 2018 at 5:23PM

You could try sending a LBA to them. Theoretically you could still be within the period for the short term right to reject - since the clock stops ticking when you inform them of the fault and doesn't begin again until they have supplied repaired/replaced goods in accordance with that request. The length of time you have left it is certainly far from ideal though. Even sending a follow up once every 2-3 months is preferable to no contact at all.

But I'd maybe first try sending them an LBA stating that informed them of the fault on x date, have been waiting all this time for a repair/replacement and if they don't bring the goods within conformity of the contract within the next 14 days, you reserve the right to begin legal proceedings against them with no further warning at which time you will be seeking a refund plus damages.

If you paid by credit card you could also approach the card company about a section 75 claim.

Crequire · 10 May 2018 at 5:42PM

Well this is exactly the type of information I needed. I will be sending a LBA then, thank you. I have one question:

How do I send an LBA with proof of what's inside the letter? What's stopping them from saying the contents of the letter had nothing to do with a LBA?

LilElvis · 10 May 2018 at 6:28PM

Crequire wrote: »

Well this is exactly the type of information I needed. I will be sending a LBA then, thank you. I have one question:

How do I send an LBA with proof of what's inside the letter? What's stopping them from saying the contents of the letter had nothing to do with a LBA?

You just need to ask the post office for a certificate of posting and retain it as your proof. Do not send it recorded delivery as they could just choose not to sign and accept it.

unholyangel · 10 May 2018 at 8:04PM

Crequire wrote: »

Well this is exactly the type of information I needed. I will be sending a LBA then, thank you. I have one question:

How do I send an LBA with proof of what's inside the letter? What's stopping them from saying the contents of the letter had nothing to do with a LBA?

Courts generally take things at face value unless there is evidence to the contrary. They work to the balance of probability (where criminal courts are beyond all reasonable doubt).

Plus if they allege you sent them something other than an LBA, just ask them to provide a copy of what you sent.

Time limitation on refund for broken furniture.

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