Cancelling order - sofa ordered on credit (loan)

izools

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?

opinions4u

What does the contract for purchase of the sofa say about delivery?

nicesurf

Ha..ha... bad experience.. I will not trust them

Tiddlywinks

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?

izools

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?

DevCoder

My understanding is you "could" cancel the sofa order but the finance is separate so would have to be repaid...

izools

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.

opinions4u

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.