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10 months and still waiting...

About ten months ago I ordered and paid for a custom kids car seat for our car. It was very expensive. The item was delayed so they lent us an old one while we waited.

The loaner does the same job but of course is not what we paid for, i.e a new one to our specifications. We've asked repeatedly when ours will arrive but the owner says we are lower on the list of priorities as we have the loaner. He acts as if he can't understand the problem as we are getting free use fo the loaner and not wearing out our (non-existent) new one.

I feel after 10 months this has gone way beyond a joke. The Car seat was only mean't to last until the lease was up on our car (another year to go) At this rate I'll only get the flipping thing just before I don't need it.

I need to know if he's been legally reasonable or whether I could actually ditch the whole deal and demand some money back?

I want to find out where I stand and develop an argument before I start making some ultimatums. After all who gets fobbed off with a second hand item for almost year when you've paid for a new one?
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Comments

  • aheaton46
    aheaton46 Posts: 377 Forumite
    Have you told them you want to cancel the order and receive a refund?
  • Culex
    Culex Posts: 776 Forumite
    I feel after 10 months this has gone way beyond a joke. The Car seat was only meant to last until the lease was up on our car (another year to go) At this rate I'll only get the flipping thing just before I don't need it.

    I need to know if he's been legally reasonable or whether I could actually ditch the whole deal and demand some money back?
    Of course he has not been 'reasonable', as anyone would know that children grow.

    Have you asked the oaf if the seat might be ready before your child attends university?
  • Maximillion
    Maximillion Posts: 662 Forumite
    I haven't said I want a refund yet, I'm not sure where I stand as he has loaned us a functioning equivalent seat. The issue of the kids growing out of it isn't really relevant as it would accommodate them for ages. The thing is though in twelve months we won't require it as we will get a car with 7 seats.

    The car seat fits in the back seat of our car creating 4 seats for the kids. It was really expensive but cheaper than buying our way out of the car lease.

    I've been lazy over this thus far as we had the loaner. the only difference between the loaner and ours is it it's not new and is a different colour/material. Hence there was no real panic but after 10 months and now only a year til we won't even want it...
  • Maximillion
    Maximillion Posts: 662 Forumite
    I was thinking of saying either supply us with the ordered item in "so many" weeks or refund us?
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    10 months is not reasonable. Talk to him, and maybe ask about giving hm a smaller amount to keep the loaner seat that has been good enough for 10 months, or about cancelling the custom order but loaning the current seat for a year until the car goes back, as the guy clearly doesn't need it! Avoid getting legal for now, talk nicely, but if he is a nob about it, you can cancel the order, demand a refund, and invite him to sue you for the cost of the lease of a loaner, or whatever...
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    He is in breach of contract - he has NOT supplied what you paid him for !

    If he won't give you the money back in, say 21 days, reclaim it from your credit card Co (assuming that is how you paid) under Sect 75 of the CCA. (Might be worth pointing out to him that card companies don't like paying for other people's ****-ups and might reconsider whether he is a fit person to be using their card services !)
  • Maximillion
    Maximillion Posts: 662 Forumite
    How does this sound?.....

    Dear Sir,
    I’m writing with reference to the M
    car seat which we ordered and paid for ten months ago. To this date you have been unable to fulfill this order.
    I feel that after such an extended period of goodwill and broken promises I can only assume you have no intention of delivering the seat or are unable to do so. It is about time we settle this. I therefore have the following propositions.

    1. Collect the seat you loaned to us over the last ten months and deliver the item we ordered and paid for within 21 days (16/05/2011).
    2. Cancel our “contract,” Collect the loaned seat and refund to us the money owed.
    3. Negotiate with us a “lease rate” for the loan of the seat we are currently using. We would continue to lease the seat for the next twelve months until the lease on our car expires.

    I hope to hear from you soon.
    Sincerely,
  • PhilipP_2
    PhilipP_2 Posts: 56 Forumite
    About ten months ago I ordered and paid for a custom kids car seat for our car. It was very expensive. The item was delayed so they lent us an old one while we waited.

    The loaner does the same job but of course is not what we paid for, i.e a new one to our specifications. We've asked repeatedly when ours will arrive but the owner says we are lower on the list of priorities as we have the loaner. He acts as if he can't understand the problem as we are getting free use fo the loaner and not wearing out our (non-existent) new one.

    I feel after 10 months this has gone way beyond a joke. The Car seat was only mean't to last until the lease was up on our car (another year to go) At this rate I'll only get the flipping thing just before I don't need it.

    I need to know if he's been legally reasonable or whether I could actually ditch the whole deal and demand some money back?

    I want to find out where I stand and develop an argument before I start making some ultimatums. After all who gets fobbed off with a second hand item for almost year when you've paid for a new one?

    And in the meantime you have a child that is growing! Next thing you know, he won't fit anymore in there!!!
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Culex wrote: »


    Well, somebody had to think of the children................:rotfl:
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    I haven't said I want a refund yet, I'm not sure where I stand as he has loaned us a functioning equivalent seat. The issue of the kids growing out of it isn't really relevant as it would accommodate them for ages. The thing is though in twelve months we won't require it as we will get a car with 7 seats.

    The car seat fits in the back seat of our car creating 4 seats for the kids. It was really expensive but cheaper than buying our way out of the car lease.

    I've been lazy over this thus far as we had the loaner. the only difference between the loaner and ours is it it's not new and is a different colour/material. Hence there was no real panic but after 10 months and now only a year til we won't even want it...

    I don't understand this bit. Are you saying that the custom built seat makes the rear seat a four seater?
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
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