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Can I cancel Land of Leather order?

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I hope that this post is in the right place...

I ordered a sofa from Land of Leather in January this year. I ordered it online and paid a deposit via credit card.

As you know Land of Leather went into adminstration shortly after and I have been waiting to hear back since about what would happen to my order (under the false(?) inpression that I could not cancel). I have just had a letter from the administrators saying that they now will be able to fulfil my order.

However after doing a quiz on here the other day I have just realised that I may have the right to cancel my order! Because it was bought online I believe it is covered by the Distance Selling Regulations. Do you guys know if I would be covered? If I am then presumably I can cancel my order and get a refund of the deposit from the credit card company.

I think that I will cancel if I have that option. The sofa is on of those electric recliner ones so if it goes wrong I don't want to have the hassle of dealing with the administrators again if there is a problem after delivery.

Any advise would be appreciated !!

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Comments

  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    markmas wrote: »
    I hope that this post is in the right place...

    I ordered a sofa from Land of Leather in January this year. I ordered it online and paid a deposit via credit card.

    As you know Land of Leather went into adminstration shortly after and I have been waiting to hear back since about what would happen to my order (under the false(?) inpression that I could not cancel). I have just had a letter from the administrators saying that they now will be able to fulfil my order.

    However after doing a quiz on here the other day I have just realised that I may have the right to cancel my order! Because it was bought online I believe it is covered by the Distance Selling Regulations. Do you guys know if I would be covered? If I am then presumably I can cancel my order and get a refund of the deposit from the credit card company.

    I think that I will cancel if I have that option. The sofa is on of those electric recliner ones so if it goes wrong I don't want to have the hassle of dealing with the administrators again if there is a problem after delivery.

    Any advise would be appreciated !!

    Take a look HERE, in particular Q3.As if they are being specifically made then you will not be able to use DSR.

    If there are problems after delivery, you will be covered under Section 75 of the consumer credit act and should go back to your CC supplier as they are "equally and severally liable" under that Act.
    Don`t steal - the Government doesn`t like the competition


  • markmas
    markmas Posts: 46 Forumite
    derrick wrote: »
    Take a look HERE, in particular Q3.As if they are being specifically made then you will not be able to use DSR.

    Ok, thanks, it is looking good for the refund then, since there was definitely no customisation, it was just the standard advertised sofa that I ordered
  • ormus
    ormus Posts: 42,714 Forumite
    next time do some research before placing an order like this. the warning signs for LOL
    have been widely known for over 12 months, on the MSE site.
    well done for using a CC though.
    Get some gorm.
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    markmas wrote: »
    Ok, thanks, it is looking good for the refund then, since there was definitely no customisation, it was just the standard advertised sofa that I ordered

    As they are going to fulfill your order, it is most likely that you do not have cancellation rights, ( they will have this covered in their T&Cs), I was pointing out the DSR regs won't apply in certain circumstances, but the chance you might have is that the goods have not been delivered, so you may be able to cancel the order under those regs!
    You will have to ring them to find out.

    Also give Consumer Direct a call first on one of the following numbers; -

    Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.

    East of England: 01438 737460
    East Midlands: 01522 563000
    London: 020 8799 9200
    North-East: 01642 495600
    North-West: 01229 842203 020 31035167
    Scotland: 01851822401
    South East: 01622 626520
    South West: 01209 720333
    Wales (English language): 02920 367800
    Wales (Welsh language): 02920 367801
    West Midlands: 02476 786610
    Yorkshire and the Humber: 0113 201 3670

    Consumers who call Consumer Direct from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.


    Website address for above; - http://www.consumerdirect.gov.uk/about/how-we-help/
    Don`t steal - the Government doesn`t like the competition


  • markmas
    markmas Posts: 46 Forumite
    ormus wrote: »
    next time do some research before placing an order like this. the warning signs for LOL
    have been widely known for over 12 months, on the MSE site.

    Haha, yes...funny you should say that I did have a look around, but posts such as this.... http://forums.moneysavingexpert.com/showthread.html?t=1334641
    read like high street monolopy!

    I may have ended up getting out my axe and chopping up some logs to make a sofa if I were to have heeded warnings about all the retailers
    ormus wrote: »
    well done for using a CC though.
    Thanks!, That was the only smart move so far.
  • markmas
    markmas Posts: 46 Forumite
    derrick wrote: »
    Also give Consumer Direct a call first on one of the following numbers; -

    OK, Consumer Direct have advised that is not quite as straightforward as I was hoping. Apparently I DO still have the right to cancel the order, but only in the 7 days AFTER it has been delivered. If i cancel it before the delivery then I am in breach of contract and may not get a refund.
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    markmas wrote: »
    OK, Consumer Direct have advised that is not quite as straightforward as I was hoping. Apparently I DO still have the right to cancel the order, but only in the 7 days AFTER it has been delivered. If i cancel it before the delivery then I am in breach of contract and may not get a refund.

    That is what I thought they might say, however it would be worth a call to the administrators stating that you will be invoking the return under the 7 day DSR rules and that it would be more economical for them, to save their delivery costs, to cancel the order forthwith, don't forget you will be responsible for the return delivery costs if they do get deliverd, (I can't see the administrators bearing those costs), unless it was in the contract trhat returns are free.

    The other thing to watch out for under DSR is LoL administrators may say, as they don't hold stock, that your order is "custom made" and therefore you cannot cancel under DSR, you will be able to return however if the goods are faulty! Good luck.
    Don`t steal - the Government doesn`t like the competition


  • combo81
    combo81 Posts: 105 Forumite
    Wether you have the rights or not, cancel and refuse the furniture even if it turns up outside in a big lorry. All faith in the company is gone, they have went bust, tell the administrators you arent dealing with them anymore.

    However, you may very well lose the deposit, unless your CC will refund.
    Total Debt -was £14,700 aprox NOW £13,835
    Paying each month-800-850 (hopefully)
    Hope to be debt free about aug 2010
  • Surely the CC should refund the deposit?
  • Ordered sofa in early January, invoice quotes 8-10 weeks for delivery. Received letter re the Administration. Then got another letter on the 16th Feb offering 5% discount or free delivery of £69, which ever is better, if prepared to wait ANOTHER 10-12 weeks. Letter also said my order would be in jeopardy if I did not agree to these new additional conditions.
    Can they do this?
    Can I cancel order and claim deposit from CC under Section 75 yet? Or do I have to wait for all this to painfully play out.
    ** If I agree to the letter, it will put the original transaction date beyond the 120 day limit making it impossible to invoke the above!!
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