Courts Closing Down Sale...be quick

ben500

Can you steal something you think is rightfully yours?

If it was rightfully yours you wouldn't be stealing it, if you have paid a deposit it is not yet yours, if you have paid in full and take another item of same value in its place it would be unlawful,

PhilUK_3

Well, I spoken to the guy and he was told this morning that courts are not going to request the police to arrest him and that..

im not saying that its a good idea but he did it.. but i think they fell bad because he was told to pay cash and that he would get a 300 discount... they kinda asked for it.

MarkyMarkD

Hi

Im not sure where we stand now anyone have any ideas?
We got a sofa on finance about 4 months ago (paid £600 deposit) , thank god it was delivered last weekend! When we received it there were too many scatter cushions (8 when we only need 4). When we purchased the sofa we were told that the cushions did not come with the sofa and we would need to purchase them seperately total for the cushions was £265.00, so obviously when the suite arrived with the cushions we didnt need to buy these separately and I called Courts and they said to come in with the cushions and what they would do was take the £265 off of the price. Anway went in there on the Monday and they said they would have to do the finance all over again and couldnt change the current one (which would apparently start to come out of our account a month after delivery). As i didnt have my bank details on me and my hubby done all the finace in his name i told them i would have to come back the next day with him so he could do it. The next day they went into administration.
So now we have 4 cushions that are no good to us as they are the wrong colour anyway, so i want this £265 taken off of my Finance agreement, also i read on the courts site that the 5 year guarantee they suggest you take out when you get these suites may not be valid and they are still looking into this. This 5 year guarantee is another £395, so we have £660 on our finance that we dont need to bloody have!!!!
The finance company that was used was HFC, how do u think i should go about this, im not sure who i should be contacting at this point. If we decided not to pay the finance then our names will be blacklisted and we wouldnt get any further credit if need be in the future. Also as the payments havent started coming out of our account yet, what are the chances of saying we havent received the suite yet and still waiting for delivery? crafty i know, but when they delieverd the suite they couldnt get the four seater in and they only got the two seater in so when i signed the delivery note i said that i only received the 2 seater and also that the cushions were not needed and were wrong colour, but we said to the delivery driver could they come back to us at the end of the deliveries with the 4 seater as we will have to take the window out - which we did, but i never signed for it!
So where do u think i stand with all of this, any ideas would be greatfully received!!
Thanks
Sammie  :)

Well, HFC are jointly and severally liable with Courts for anything, so the fact that Courts are financially stuffed doesn't make any difference to you.

But I'm not sure that you have any case for any recompense.

They said "you need to pay £x + £265 to get one sofa + 4 cushions".

Then they actually delivered one sofa + 8 cushions for £x + £265.

You actually got 4 more cushions than you need, at the agreed price.

You haven't lost out.

All that happened is that you agreed to pay £265 more than you first thought of, for one sofa + 4 cushions, and then they over-delivered.

Now, clearly the shop staff misled you, and the cushions WERE meant to be included, but that's irrelevant.  You agreed to the total price.

So IMHO you have no realistic chance of recompense.

I would still try it on with HFC, but I think it's trying it on.

As regards the 5 year guarantee, this is covered by HFC's responsibility. But really, if you are a MSE, why are you paying £395 for an extended warranty?????

whoop-dee-doo

As regards the 5 year guarantee, this is covered by HFC's responsibility. But really, if you are a MSE, why are you paying £395 for an extended warranty??

Bit arsh

loafer_2

Someone i know paid 1000 pounds for a sofa and was told he wont get the goods.. so he went in 2 days ago and took 1000 pounds in goods..

They called the police and the police are dealing with it but if he has paid them 1000 pounds then he should be alloowed to take the 1000 pounds...

he has not been arrested yet.. wierd

and he has the goods at home...

I'm a bit grey on this area but surely he stole from the wrong company?

Anyone know the law on this one?

MarkyMarkD

Bit arsh (sic)

Well, not really IMHO. £395 for an extended warranty on a bit of furniture? It's not like a washing machine that's going to break down. All that's going to happen is it might fall apart - if it was shoddily made in the first place. In which case, you could sue them for it not being of merchantable quality irrespective of the notional "guarantee" period.

Anyway, like I say, the earlier poster won't have lost out on the extended warranty as HFC are liable.

MarkyMarkD

I'm a bit grey on this area but surely he stole from the wrong company?

Anyone know the law on this one?

Well firstly, even if Courts had remained in business and failed to deliver his goods, he had no right to go and steal something else. Two wrongs don't make a right.

And secondly, you are right, the administrators are legally distinct from the original company and effectively he stole from the wrong legal entity. The second point is why customers going and "having a go" at the current "Courts (in administrative receivership)" entity are wrong to do so - quite apart from it being completely unfair to have a go at staff who are themselves going to probably lose their jobs and who may also lose unpaid salaries/pensions/whatever.

badmumof1

my hubby was a engineer for all their network systems and so we went into our local branch (basildon) about 2 weeks ago or so for a 3 piece suite cos they give us discount ;D
i would have bought the one that i first sat in as it was lovely and after going through them all yeah the first one was the one we was going to have.
we was ummin and arring about it but they were closing for the evening and so we left.
i would have been one of those that lost money as i pay cash or via my debit card.
i dont have credit cards as i have things when i can afford them not pay them on the never never.

Furniture_man

This may clarify the theft of goods by creditors.
Many years ago, I was supplying a large local retailer with furniture.
Long story short, store goes bust, and I march in with several of my employees and removed goods to the value of debt.
Several days later I was arrested and charged with theft.
Adminstrator contacted me and told me if I returned the goods the case would be dropped.
Lucky for me, they didn't have a list of goods I had taken.
Returned some, and sold off the rest to offset debt.
Realistically, anyone who tries this tatic will be answerable to the Administrator who can press to charge you with theft no matter who you are or what you are owed

Going_Digital

You would of been perfectly entitled to go and remove any stock that you supplied to them that was not paid for as the title of goods remains the suppliers until they are pain in full. However you would not be entitled to take goods that you did not supply without receiving a court order to begin recovery proceedings, usually a bailiff.