Goods not supplied

muckybutt

Right then the mrs ordered a new oven before xmas through a catalogue, we were told then it would be with us the week before xmas.

It didnt arrive, so mrs contacted them again and was told it would be here early jan, guess what ? it didnt arrive so again contacted them and was told it had been dispatched and should be with us soon.

Meanwhile she got an invoice from them for the monthly installment which said payment due so she rang them up and told them the story so far and that she wasnt going to pay for something that had been promised but still not delivered and was told ok.

She again contacted them last week after yet another letter from them saying you missed last months payment and you now owe us a late payment charge as well, was told on that occasion oh yes you have to pay, her reply was im not paying anything as you havent delivered, because of that you can cancel the order.

Today she got a letter threatening court ! saying cough up or else we'll take you to court for non payment.

Am I right in saying they have failed under the sale and supply of goods act, ie we ordered the goods - they have failed to supply - so we dont owe them a penny - right ?

fozzeh

I'm thinking since you haven't received the item, they can't charge you for a service they aren't yet providing...and you can reject the goods under the DSR and cancel...buts someone else should confirm this in more depth.

bazster

IIRC, the Distance Selling Regulations specify that goods must be delivered within 30 days. It's been longer than that, so the deal is off. Write to them by recorded delivery and tell them so, and tell them at the same time that if they continue to send you demands for payment then you will regard this as harassment and take appropriate action. There is no point in 'phoning them, it's invariably a waste of time.

Hintza

I think the two previous answers cover it in my opinion.

I would however be looking to get as far up the tree possible via the telephone. Mind you I have found telephone operators these days just hang up if the going gets tough.

Go and buy elswhere OP.

muckybutt

Thanks for the replies, I thought as much that they couldn't charge just I wanted confirmation which I now have, again thanks

fozzeh

I did the same thing with Tiscali. They talked me into getting a set top box (£5 extra per month, £35 connection so discounted) and after about 10 days, I decided against it.
I rang them and they said "No, you agreed to a 7 day cooling off period" which I did.

I didn't get the written contract through the post for 6 days and stated that the written contract was more detailed and once I had received that, my cooling off period should start from then as they were my formal T&C's...plus I've not received the goods yet. I told the chap this and told him to check with his manager.

No TV box