Fridge Paid for but now not available...help

dq73

Hi,

My parents paid for a fridge freezer from Curry's 2 months ago. It was paid for and agreed that as they had bought a new house they would arrange delivery for this month. Curry's said this was not a problem.

Now it turns out that even though it was paid for it has been sold and not now available. Can you tell me if Currys should now provide a like for like product and any extra cost they cover? They were told it would be delivered today so when y um rang to check what time there was no match for their order number. So they went to the shop today who said that someone had rung and cancelled order on thurs. This is not the case and my mum was so upset that they were more or less accusing her of lying! I would love to go in there and rip their heads off!!! Can anyone give me any advice/help as what they should do?

unholyangel

Can they prove that someone cancelled the order? Do their T&C's allow them to accept cancellation by telephone? I assume if this is the case they have already issued a refund to your parents?

Generally for face to face transactions, once payment has been offered and accepted, that would be the point for where a contract would be formed. I'm not sure if this would be affected by the fact your parents didnt take the goods then and there but common sense (which legalities do not always follow) would suggest that them agreeing to hold it at point of sale could be considered as part of the contract.

Have you tried writting a letter of complaint?

dq73

Apparently the manager is now contacting his manager and looking into who logged this cancellation on thurs. both my parents were at work so never made the call. he has proised to call by 5pm mon. They have not received any refund.

unholyangel

dq73 wrote: »

Apparently the manager is now contacting his manager and looking into who logged this cancellation on thurs. both my parents were at work so never made the call. he has proised to call by 5pm mon. They have not received any refund.

What paperwork do your parents have? Do they have anything confirming the delivery date/was being held?

A key question is also when it was sold to the other party. Was it before or after the "cancellation" was received?

dq73

Not sure on specifics with paper work. They were told it was not available around 3 weeks ago when they wanted to arrange the delivery.

unholyangel

dq73 wrote: »

Not sure on specifics with paper work. They were told it was not available around 3 weeks ago when they wanted to arrange the delivery.

Why would they arrange to deliver something today that they had told your parents wasnt available? :S

Personally i would wait and see what they say first. There are horror stories about them on here but personally, i think thats mostly down to who you get. Sometimes you will get staff members who will go out of their way to help you.

Plus if you go in quoting regulations (especially if you dont understand them) it likely will antagonise the situation and wont work in your favour.

Esqui

It will be the mysterious order-cancelling fairy. (And if you think I'm being sarcastic - I'm not, although I've not seen anything from her in quite a while )

I presume it was a fridge in short supply, with a large amount of them ordered so that customers could place orders for when they arrived, but the supplier may have failed on the delivery into the warehouse. Also, cancelling via phone simply cancels the delivery, not the transaction - you'd have to go into store to get a refund to cancel the transaction.