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Aibu to make court claim?

(8 Posts)
Namechanged0401 Wed 29-Mar-17 20:34:07

I've name changed for this as don't want to out myself. It may be slightly long.

So...I ordered a bespoke sofa fin October that was delivered beginning of December. The sofa was delivered not as ordered, parts of the sofa missing, stitching was absolutely terrible, broken parts, would not fix together and had holes all over it.
The studs were falling out and they are like sharp nails, my 12 month old could literally sit there and pull them out. It is so dangerous!

I contacted the owner who apologised and we agreed I would keep the sofa until 15th Jan and she would promise to send me out a new one. As it was Christmas I said ok and she put it in writing in an email.

A few days before delivery I attempted contact with them to confirm delivery and got no reply. Sat in all day and no one showed. Managed to speak to them a couple of days later and the owner put the blame on the warehouse manager saying she must have forgotten.
Gave them the benefit of the doubt and was promised sofa the week after. Again no show.

In short I've now sat in for 5 days waiting for the sofa on dates they have given me and not stuck to. They haven't even bothered to contact me to tell me this. Just waited for me to keep trying to get in touch with them.
The owner blaming the warehouse manage, warehouse manager blaming the couriers, couriers saying that they don't know where or who they are delivering to until the day when they get the sheet and have never had us down for a delivery.

March 5th again called numerous times to ask for time sofa would come and got told it's with the couriers. Couriers said no it's not.
Called warehouse manager back up and she said she had been told to replace 1 sofa and could get it out within the next few days. I asked her to confirm my order and she said 1 5 seater sofa. I said no, that's not my order, I had a sofa, a chair and 2 footstools and so even if the couriers had come they wouldn't have even have had my order.

I requested a refund and gave 14 days to collect sofa and do this.
I wanted cash on collection the same way I paid when they delivered sofa.
I sent a recorded letter also stating this and the 14 days.
Called and messaged in the 2 weeks to try and get a date and kept saying they would let me know the next day.

after the 14 days- no contact. I called citizens advice again and they said my next step would be to put a claim in in small claims. I didn't really want to have to do this.

So I contacted them again last Thursday stating that I wanted a date by the Friday evening for this week. Spoke to the warehouse manager and the courier.
I informed them that I would be making a court claim if they failed to do this.

Nothing!

My oh spoke to courier yesterday who said he was in our area today and would speak to warehouse manager about picking up. My husband said that he would call him today at midday to confirm a time.

Guess what? No answer!

Oh finally just got through to him and asked what was happening and he said he wasn't told to collect. Then warehouse manager text (after not answering the phone) and said he is lying and it's his fault.

I just replied and said my contract isn't with the courier company it's with yourselves and I will now be issuing a court claim and that she can respond to those letters. I have been more than generous in the time I have given you to resolve this and I did tell you I would be making a court claim etc.

She has replied saying she will call in the morning and set up a day for delivery and still blaming the couriers. Which they have done the whole time.

Aibu to still put a claim into small claims?
Or shall I sit back and see if she calls?

Can I add in for compensation? And my husbands loss of earning for his time off?

Sorry post is so long. Citizens advice consumer wasn't too helpful in going any further and said I would need an appointment to talk but I know how long you can wait for them.

I can't order my new sofa yet as I have no where to put it with this one still here!!

M00nUnit Wed 29-Mar-17 20:46:59

Yes put in a claim with the small claims court. The company aren't going to call you back, they've made that pretty clear by their complete lack of action thus far. It all sounds very stressful for you - good luck getting it resolved! Hope you get your money back.

Namechanged0401 Wed 29-Mar-17 20:52:08

Thank you!

I was just a bit worried as I know they say if the judge doesn't think you've made as much effort as possible to resolve it between us then there's a chance I could lose.

Moanyoldcow Wed 29-Mar-17 21:26:19

Can I ask how you paid for the sofa?

Happyandhungry Wed 29-Mar-17 21:29:27

Definitely claim, i expect they wont even turn up to argue it so you'll win by default. Add in compensation too and explain why. Ridiculous its nearly April!!

ohidoliketobebesidethecoast Wed 29-Mar-17 21:32:48

You have made plenty of effort! Make sure you document all of what has happened, get together copies of all the correspondence, and make an online small claims court claim. I don't know about what else you can include, there may be advice on the gov website on this?
There's a limit on the max you can claim thru small claims, that's the only reason the cost of the sofa would matter - you had a contract, and they have broken it.

SomethingBorrowed Wed 29-Mar-17 21:38:21

YANBU
Ask them to also pay for all the phonecalls you had to make

Namechanged0401 Wed 29-Mar-17 21:42:54

Thank you all!

I paid by bank transfer on delivery. They wanted cash but I said no. It went to a private account with the owners name and not a business account.

If I could add photos I would as I can't believe how bad it is.

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