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Should I go to Small Claims Court

  • 29-11-2012 7:47pm
    #1
    joe6pack
    Registered Users, Registered Users 2 Posts: 520 ✭✭✭


    Recently I purchased a King size bed and mattress from a relatively small furniture shop in Drogheda.Paid just over €1200 cash and it was delivered 3 days later.It's meant to be a solid oak frame so I assembled the bed and put the mattress on as soon as we sat on the bed one of the cross supports (lats) broke in half.We also noticed then that the bed was very unsturdy and I've assembled many a bed so I know it wasn't that the lats did not seem to fit the bed frame and made a constant noise when hitting the center metal support bar.So back to the shop that day and the guy said the bed needs to "settle" in and it was probably a dodgy lat and sent the wife away with a new lat.Since that another lat has broken and the mattress has basically started to fall apart stiching coming apart all around the edges and other problems.
    We have discussed this at length with the shop they even came out to house (unannounced) and took photos of all the various faults and claimed that we caused the damage ourselves.The only solution they will offer us is to take the mattress back and give us €200 towards the purchase of another mattress.
    Were at are wits end with this now...We have saved all year to buy this bed and don't what is our best next move any advice would be greatly appreciated.


Comments

  • #2
    leeomurchu
    Site Banned Posts: 957 ✭✭✭leeomurchu


    Perhaps go to a solicitor and get him to contact the company on you behalf. I'd imagine the threat of being taken to the small claims court will see a change of attitude from the furniture shop manager.

    Sounds like the bed and mattress are not fit for purpose so you're within your rights seeking a refund afaik.

    Terrible customer service by the shop though either way.


  • #3
    Esoteric_
    Closed Accounts Posts: 11,255 ✭✭✭✭Esoteric_


    Sounds as though the product is not fit for purchase.

    They tried the 'repair' option by giving your wife a new lat, which means the only other options are replacement or refund.

    I'd request a refund, in writing, sent by registered post. Give them a timeframe like 10 working days to rectify the situation. If they don't, then file a claim with the SCC.


  • #4
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    No need to spend even more on a solicitor as they are not needed for the Small Claims Court. You can get the forms at your local courthouse in the District court office and the fee is €25 afaik. Also if you ask the court clerk they will give you a lot of help and information on filling the form in and where to get information etc.


  • #5
    leeomurchu
    Site Banned Posts: 957 ✭✭✭leeomurchu


    foggy_lad wrote: »
    No need to spend even more on a solicitor as they are not needed for the Small Claims Court.

    There's no need to spend anything on a solicitor. If you go to your local citizens information office they usually have an evening each week where there's a solicitor available free of charge usually a student or newly qualified but they'll be able to draft a letter for you which you can send to the company.

    The small claims court is not a fast process so I'd try the letter approach first if nothing comes of it at least it will show good will on your part in that you tried to resolve this issue before filing a case with the SCC.


  • #6
    slimjimmc
    Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    leeomurchu wrote: »
    There's no need to spend anything on a solicitor. If you go to your local citizens information office they usually have an evening each week where there's a solicitor available free of charge usually a student or newly qualified but they'll be able to draft a letter for you which you can send to the company.

    The small claims court is not a fast process so I'd try the letter approach first if nothing comes of it at least it will show good will on your part in that you tried to resolve this issue before filing a case with the SCC.

    Agreed. For the SCC you need to show you've exhausted the retailers complaints procedure, so letters giving the retailer a chance to replace or refund the items are good to have (an attempt to repair the frame failed).


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