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MSE News: Missing cash fears after Focus DIY administration

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  • riley11
    riley11 Posts: 1 Newbie
    mdeluk wrote: »
    Hi,

    We bought a kitchen on Tuesday, however we got the 0% interest free credit agreement with it. There seems to be no information about what to do with this, as we are trying to cancel but are finding it very hard and not sure what to do.

    Does anyone have any ideas? Does Section-75 apply to this?

    Thanks

    Yes it does! I'm in the same situation myself (although I ordered a month ago, not the day before they went into administration). Foolishly, I put the deposit on a debit card, not a credit card, but after reading some of the advice on here (I'm no expert!!), I did a bit of homework, and sure enough, the agreement mentions the magic bracket of £100 - £30,000, which got me thinking...

    Anyway, to cut a long story short, I ended up talking to someone at Consumer Direct who said that Creation CF are indeed jointly and severally liable for breach of contract (for failure to deliver the goods - we got a call today from the kitchen suppliers who said that regardless of any decisions by the Administrators, they won't be fulfilling the order) under section 75, so you can require them not only to cancel the finance agreement with no penalties, but also to repay any deposit, regardless of whether that deposit was made by credit card, debit card, cheque or cash (as long as you have a receipt to prove the deposit was paid).

    I got a template letter from Consumer Direct and have amended it to suit, but can pass it on if you PM me so that all you have to do is add in the necessary figures and post it out - result!!

    Hope this helps you and anyone else in the same boat.
  • I would advise anyone who is collecting items from Focus stores that have been ordered to also exchange the delivery charge for goods to the value of the delivery charge.i.e. £25 delivery charge = £25 of focus goods. I did this on Saturday in the Martlesham store in Suffolk as they could not deilver anymore. It would fall under the current refund policy otherwise you may not be able to get it refunded.
  • tenuissent
    tenuissent Posts: 342 Forumite
    Part of the Furniture 100 Posts Combo Breaker Car Insurance Carver!
    A friend of mine has ordered and paid for a bathroom, including delivery. They are now told that if they had simply asked for notification to collect it themselves, they could now come and get it. But because they originally asked for delivery, they are NOT entitled to come and get it. And it can't be delivered. Does this make any sense?
  • MCGONIS
    MCGONIS Posts: 699 Forumite
    jobless101 wrote: »
    I work for Focus, though probably not for much longer!

    Hi hope you get something soon or your branch becomes a B&Q and they take you on.

    Where I live, there is just one Focus now, it was Great Mills for years and years and it was great. Had an instore cafe and you could spent hours in the shop.

    Then all the Great Mills stores changed to Focus but in Scotland we had never had Focus so I don't think the Scottish public warmed to the change. Most of them closed over the past few years.

    I have worked in Woolworth and Thresher/Victoria Wine - you know what their fate was - and I have went on and got other jobs.

    Good luck with everything - I know what you are going through.
  • I think we were one of the lucky ones.

    We ordered garden furniture and a trampoline on the 30th for home delivery as the trampoline wasn't in stock only to find out on the 5th they had gone into administration, phoned the store they told us to phone administrators, phoned them to be told wait for a letter. We didn't want to wait so got onto the phone to the bank to see if we were covered and start the process of getting out money back (paid by debit card but have a royalties gold account) and we were, then to my amazement i got a call today saying that the items were in stock would we like to pick them up?! :j
    We went down in a shot not knowing if everything would fit in our car luckily it did but i did not know we could claim back the £25 delivery charge, i was just happy to get the goods i thought were lost along with my ££s
    So don't worry it can still work out.
  • soar19000
    soar19000 Posts: 9 Forumite
    Focus DIY is my local large DIY store and as such was often the first store I visited if I wanted some DIY item, but not the last!

    It was poor management that caused their failure. Failure to keep adequate stock levels, i.e. Rain water guttering had some of the parts necessary for fitting a system but not all of it. Plumbing parts the same. There's no point in buying part of your system from one store and trying to source the missing bits from elsewhere, which might not match or fit. Poorly labelled displays, dirty shelves and disinterested staff all contributed to the failure. The only surprise is that they lasted so long.
  • On Sunday 10th April 2011 I purchased the KINGSTON GARDEN PATIO SET

    When we unpacked the items at home we found the table was badly damaged, 2 quite severe scratches to the glass table top.

    At our first opportunity, Saturday 16th April we returned to the store and were told the set was out of stock but there was no problem as we could have a replacement table as soon as more where received in store, which was to be by Easter weekend. My name and phone number was taken and I was told I would be getting a call to come in and exchange. This has not yet happened.

    We have made repeated journeys to the store and each time there has been no stock.

    On Saturday 14th May 2011 we again called at the store and spoke to one of the managers. He again advised that there was none in stock. We asked if we could exchange our table for the one on display, a reasonable request we felt, but we were told this was not possiable. We asked if we could have a discount on the set if we kept the damaged table, again, not possiable.

    I am now concerned that we will be left with a damaged table, and no replacement/exchange available to us.

    Whilst I have symapathy for the staff at the store and for you guys who have paid for items on order, I do not think this is acceptable. :(

    What should I do???
  • shykins
    shykins Posts: 2,768 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    sea side that seems unreasonable i asked hubby and he said his store would have discounted or exchanged it for a display one even now

    he said try complaining to head office or as an try another focus store if u have one. if neither of these work ask for a refund ok u can only get other goods to the same value but maybe they would have another set u like

    hth
    When you know better you do better
  • jaywhoopee
    jaywhoopee Posts: 80 Forumite
    soar19000 wrote: »
    It was poor management that caused their failure. Failure to keep adequate stock levels

    I think latterly at least this has been due to restrictions on stock level from head office, maybe in an attempt not to be trading insolvent (this was what I was told in my local one when I asked why the shelves were all but bare in certain sections).

    I'm sad as some (though not all) of the people at my local Focus are incredibly helpful and it's the only DIY store in town :(
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  • asbokid
    asbokid Posts: 2,008 Forumite
    edited 18 May 2011 at 3:07AM
    jaywhoopee wrote: »
    I'm sad as some (though not all) of the people at my local Focus are incredibly helpful and it's the only DIY store in town :(
    I feel very sorry the staff. They always seemed to stay jolly, even when the business was collapsing around them. The job losses could be significantly more than the 4000 initially announced.

    Work at the Focus DIY distribution centres was outsourced by Cerberus, the private equity vultures who bought the chain for a pound in 2007.

    In a £33m three year deal, Wincanton, the logistics group, took over the running of the chain's distribution business.

    At the Focus distribution centre in Tamworth, drivers arriving at the Wincanton site found the main gates padlocked, and the 300 staff who worked there were turned away.

    http://www.birminghammail.net/news/top-stories/2011/05/14/300-midland-jobs-in-peril-at-tamworth-diy-distribution-centre-97319-28692199/
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