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Cancelling order - sofa ordered on credit (loan)

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izools
izools Posts: 7,513 Forumite
1,000 Posts Combo Breaker
A friend of mine ordered a sofa from Harvey's eight weeks ago. It hadn't arrived, so he chased them up, and they advised that it would be another eight weeks but offered no explanation, justification, apology, or goodwill.

He wants to cancel the order.

He took out a finance agreement against the sofa.

What are his rights?
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Comments

  • opinions4u
    opinions4u Posts: 19,411 Forumite
    What does the contract for purchase of the sofa say about delivery?
  • nicesurf
    nicesurf Posts: 9 Forumite
    Ha..ha... bad experience.. I will not trust them
  • Tiddlywinks
    Tiddlywinks Posts: 5,777 Forumite
    I've been Money Tipped!
    nicesurf wrote: »
    Ha..ha... bad experience.. I will not trust them

    Are you just building up your post count so you can start spamming by any chance?
    :hello:
  • izools
    izools Posts: 7,513 Forumite
    1,000 Posts Combo Breaker
    The contract states that the delivery will be in "approximately" 8 weeks.

    It also states that any cancellations or alterations to an order levy a fee representative of the costs incurred upto 49% of the total purchase price.

    16 weeks doesn't however meet the legal definition of "approximately 8 weeks" though, does it?

    Would this mean they have defaulted on their contract of sale and therefore the clause pertaining a fee upto 49% of the purchase price is invalid?
    Cashback Earned ¦ Nectar Points £68 ¦ Natoinwide Select £62 ¦ Aqua Reward £100 ¦ Amex Platinum £48
  • DevCoder
    DevCoder Posts: 3,361 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    My understanding is you "could" cancel the sofa order but the finance is separate so would have to be repaid...
  • izools
    izools Posts: 7,513 Forumite
    1,000 Posts Combo Breaker
    Indeed, I have advised my friend that even if they fold and agree to refund he would still be liable for any early repayment fees levied by the outside finance company.

    He has had a call from them though offering an explanation, apology, and compensation so seems to have been appeased so far.
    Cashback Earned ¦ Nectar Points £68 ¦ Natoinwide Select £62 ¦ Aqua Reward £100 ¦ Amex Platinum £48
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    It sounds to e like they forgot to make it! If he's not prepared to wait that long act fast and they may be prepared to voluntarily accept cancellation with no penalty.

    If not, then it all boils down to "approximately" and a legal interpretation. If it got to court the consumer would probably win. But it's not clear cut.
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