Can I cancel Land of Leather order?

freakuno

This is an ongoing saga with LoL which is as follows:

Decided to purchase LoL sofas on 3rd Jan 09 and paid deposit by Visa Debit of £240 on same day. Told at that point that sofas would be available by end Feb 09.

Shock horror....LoL goes into Administration.

On day of announcement of Administration, I contacted LoL, Chester, and they said my sofas were on order - all was ok.

Deloitte, Administrators, stated that all those who had paid a deposit would be written to by them setting out whether they would receive their sofas or not etc. Nothing received by me (even as at today's date).

On 28.01.09, telephoned LoL, Chester because I was concerned I hadn't heard anything from the Administrators. They checked their computer - sofas were due to arrive in port on 10.03.09 (this is after the date we were given of end Feb). Was told it will take another week or so before sofas go through customs and are at warehouse so, say, leave it til mid-March before they are available for delivery. Explained to LoL, Chester that I hadn't heard anything from the Administrators confirming whether or not the suppliers would release the sofas to me. It's all very well the sofas being on their way here on a boat....that doesn't mean the supplier will let LoL sell them to me! Chester LoL suggested that I contact the LoL "Helpline" number. I was told by Chester LoL that the Administrators had all details of current orders and they would be able to confirm the position for me. I was told to ring the helpline.

Contacted LoL Helpline on 28.01.09. Gave them full order details. Low and behold...they can't trace my order. Was told that they would pass my details onto the Administrator.

Just to keep myself right...sent a fax to LoL Head Office on 28.01.09 stating that I had no clue as to the status of my order and if it would be released to me etc. by the supplier. Informed them that I had contacted the helpline but they could not trace my order.

Phoned LoL Helpline again on 05.02.09 to see if they had been able to trace my order....nope....no trace of order.

Phoned Deloitte direct on 05.02.09. Lady there said I should send her an email with full details (which I did) and she would pass to the appropriate party. I enclosed full details and a copy of the fax I had sent to LoL Head Office. Lady emailed back from Deloitte to confirm she had received my email and had passed it on.

As of today, 12.02.09 - no word from anyone.

I'm annoyed that I have had no contact from anyone. I realise that I'm just one little customer out of 20,000 or so that are awaiting their sofas from LoL but still, I would expect some feedback and correspondence from someone!

I'm at the position now where I don't want the sofas and want to cancel my order. According to the sales order I signed, I can't cancel the order unless LoL don't fulfil their terms and conditions on the back of the sales order. Part of their terms and conditions is that they will deliver the sofas "within a reasonable time" after the estimated delivery date we were given at time of order. I was told end Feb. Now I'm looking at waiting until say the third week in March if I'm lucky. Could this be a get out clause on the contract?

What I feel like doing is faxing/emailing all interested parties to say that I'm giving them 7 days to contact me in one way or another to confirm that they have traced my order and when/if I will get my sofas released to me. After that 7 days, I am cancelling the order if no-one has been in contact.

To be honest...after we purchased the sofas, I read on the internet all the stories about their shoddy quality and I'd be happy to walk away now knowing that I'd lost the £240 deposit if it came to that.

Can't stand being mucked around!

Phew....that was a lot of explaining! Hope you've understood it!

Trapes

I'm in the same boat although didn't pay a deposit. Ordered on 10th Jan then Monday at work heard they'd gone into administation.
Have phoned administrators but like you can not cancel my order. I am extremely p*ssed off as they can't even say if I'll get my order or not.
I feel like just going out and buying another suite and sod them but they can probably take me to court. All it says on my order form is delivery in Feb.

Really need some advice what to do.

Alan_M_2

As you paid by Visa Debit and have made every reasonable effort to find out the current state of your order, I'd be inclined to approach your bank for a Visa Chargeback......You'll soon find out if your goods will arrive once that is processed.

If the goods are not going to be released you'll get your £240 back and are free to shop elsewhere, if the sofa is available, you'll be getting confirmation.

freakuno

Thanks Alan. I'll do some research on Visa Chargeback as I've never done it before. Somone did mention to me that I would need a letter from the Administrator confirming that LoL are in administration and I've lost my deposit which might be difficult to get if this is correct.

What is a little worrying is that I've just gone onto LoL website and it appears to be down at the moment....maybe another announcement is imminent!

Trapes....I hope you get sorted with your sofas too and thanks for your reply!

Trapes

I had a phone call the other day from LOL saying that it was unlikely that I would receive my order and would I want to have the display one instead. I asked at what discount, sorry she said we'll throw in a few rugs or cushions but no discount. Obviously told her no thanks, not paying full price for a suite that copious amounts of people had sat on trying the recliners out on it etc. She said she had another 4 customers on her list to offer it to and was I sure :rolleyes: Told her no thanks again so she said I could now cancel my order.
hoorah!

harryhound

let us know how you get on with LoL and the Visa chargeback.

Lady_Python

My daughter purchased a suite from Land of Leather in November. They also gave her a delivery date of February (which I thought was excessively long - now we know why).

She paid for the suite in full - £600 cash, then as we know LoL went bust.

She got a letter from the administrators on Monday (Deloittes) saying she could have £400 (out of the £600 she'd already paid) against another suite. When she went to LoL on Tuesday, she was told she'd have to pay another £200. So not only have they stolen £200 out of the £600 but they now want her to pay another £200 on top - or no suite. They then stated that it would be another 3 months before she would get the suite.

And, it gets better.

She went there today with the intentions of reluctantly paying the extra £200. My brother went with her, basically as a witness to what went on.

Imagine their disgust when she was told that the extra £200 had now become £370:mad:

The manager told her that they'd used her money (and other customers they fleeced) to pay LoL's debt - which, of course, didn't work because they still went bust.

Sorry, but in my books that's embezzlement and a criminal offence.

The manager then went on to tell her he'd lost his job, she'd lost her suite (and money) so tough:mad:

What can she do about this? She can't afford to pay out any more money as she scrimped and saved like mad to pay for the suite. She's not the only one who's in this boat and I feel sorry for the many customers who are going through what my daughter is.

If anyone knows how she (and others) legally stand please let me know.

I live 500 miles away which is perhaps just as well as I would probably have been arrested!

Frankly, I think the police should be investigating LoL for fraud and embezzlement.

Generali

If Land of Leather knowing traded whilst insolvent the directors committed a crime and (AIUI) become personally liable for the debts of the company.

Unfortunately (again AIUI), things become complicated once a company goes into liquidation - the administrator has a job to do which is to ensure that the creditors get as much back as possible. That means the customers with unfulfilled orders have the same status as the bloke who sells them their photocopier paper.

I think that means that if it is best for all the creditors, you'll get a proportion of your deposit back (at however many pence in the pound they are being paid out at). If it is best for all the creditors that you are forced to complete your purchase, then that's what the administrator will try to do.

As to Lady Python, did your daughter pay by credit card? If so she should be able to claim the money from the credit card company. If not the options are limited and I believe that what the manager has told you is accurate. Only it's the administrator that's effectively used your daughters money to pay off debts, not Land of Leather strictly speaking.

Lady_Python

She paid cash unfortunately.

I'm on the phone to my daughter at the moment. From what she says it WAS Land of Leather who used her money (and others) to try and get themselves out of trouble as they were struggling just before Christmas.

Land of Leather went bust on the 12th January 2009.

That puts a different perspective on it if I'm not mistaken?

Generali

Lady_Python wrote: »

She paid cash unfortunately.

I'm on the phone to my daughter at the moment. From what she says it WAS Land of Leather who used her money (and others) to try and get themselves out of trouble as they were struggling just before Christmas.

Land of Leather went bust on the 12th January 2009.

That puts a different perspective on it if I'm not mistaken?

Yes. If the Directors were trading insolvently then they are also liable for Land of Leather's debt which means she should see more of her money back. It's a tough thing to prove though.

I'd speak to the CAB if I were you.

Lady_Python

She'll have to get legal advice on this I think and is going to the CAB tomorrow. The Administrators didn't really give her much notice. She received the letter from them on Monday and has been given until Sunday (which is not classed as a working day) to make her mind up if she wants to use the voucher for the reduced amount of £400 (plus pay another £370) for the suite - with another 3 month delay in maybe or maybe not getting her suite at all.

I know if it were me I would tell them where to stick it - I wouldn't take the risk of losing even more money - but pursue every legal avenue possible and become a thorn in their flesh.