Not sure where we stand - more sofa woes

MrsAtobe

I hope that someone can give me some advice about our rights in the situation we currently find ourselves in, because I've got a really horrible feeling that we'll end up out of pocket.

We ordered a three piece suite from a local independent retailer in late January and my partner paid a deposit by debit card. As I wanted the suite in a particular colour we were told that we would have to wait 10-14 weeks for delivery, which was longer than we anticipated, but we were willing to wait as it was the only suite that Mr A and I had both liked. I received a phonecall yesterday, from the retailer to tell us the suite had arrived.

This is where the problem lies. The lady who rang was unable to take payment over the phone by card as she stated that their card reader was faulty. She asked for either cash up front, or a cheque, but they would have to wait for the cheque to clear before they would deliver the suite. Also, she stated that the retailer had changed names due to a family breakdown, and therefore the cheque should be made out to the new name, not the name on the order that we have. The retailer had traded under the old name for 13 years, so we felt quite confident about using them, perhaps stupidly.

Of course, all of the above may be completely above board and just a series of unfortunate coincidences, but it has set alarm bells ringing for both myself and my partner. I've tried googling the new name and can't find anything about them. Please could someone give me some advice, I don't really want to lose our deposit, but can't afford to lose the £2k that is outstanding.

Thanks in advance for any help or advice that you can give us. My partner will be visiting the retailer this afternoon, to see if he can at least see the suite.

Valli

I can see what you mean about alarm bells.

Have you googled the former name they traded under?

Anyway IF the suite has arrived and your partner sees it you could arrange to pay cash on delivery. This would mean you have your goods. If she starts being antsy about this tell her that you have no intention of handing over £2K cash to what is, in effect, a new company with no reputation!

Alternatively you could pay by credit card - this would entitle you to a refund under section 75. If they cannot accept credit cards ask her why - because this suggests there ARE financial difficulties!

Don't do anything, though, until you're sure your money is safe and/or you have the suite, it's what you want and is satisfactory.

I'm sure other posters will be along with better suggestions shortly.

arcon5

Tell them you will pay cash on delivery and make sure you inspect it first.

It's hard to say what's what tbh, could well be a family bust up and the business has been taken over and trading name changed or something much more, like the company has Phoenixed in to a new legal entity for one reason or another (although often the trading name will transfer also). This behind the scenes stuff may not even affect you as a customer, or it could be a way of evading the obligations.

If there card machine is "faulty", I wonder if they've changed entity and still in the process of setting up a merchant account for credit/debit card terminals. Who knows.

But i'd be looking to either pay by credit card (to benefit from Section 75 protection) or cash on delivery, i'd certainly be very uncomfortable taking £2k cash in!!

MrsAtobe

Thanks for the quick responses, yes I have googled the old name, quite a lot comes up for them under the old name, but absolutely nothing in the new name.

For some reason I can't thank your post, arcon5.

Fosterdog

Personally I wouldn't be comfortable in paying cash on delivery or taking the cash in. Something doesn't sound right, ask them how long it will be until the card reader is sorted.

PZH

Fosterdog wrote: »

Personally I wouldn't be comfortable in paying cash on delivery or taking the cash in. Something doesn't sound right, ask them how long it will be until the card reader is sorted.

I think I would go this route as well, even if you only pay £10 by CREDIT card (NOT Debit Card) and then pay the rest by cheque.

I certainly wouldn't pay by cash as it could well become untraceable.

tinkerbell28

I would be paying by credit card. It all sounds really fishy.

unholyangel

MrsAtobe wrote: »

Thanks for the quick responses, yes I have googled the old name, quite a lot comes up for them under the old name, but absolutely nothing in the new name.

For some reason I can't thank your post, arcon5.

Have you checked companies house to see if they are registered there (were they a limited company?)?

I'd be very wary and under the circumstances, would probably only pay by credit card - even if i had to wait another week or so for the suite to be delivered.

MrsAtobe

I've just checked Companies House, and the new name was registered on 22/04/2013, so it's a very new set up. I'm still extremely wary though, so we'll more than likely end up waiting until we can pay by credit card. After all, we've waited 19 weeks, what's another one or two?

arcon5

No doubt the status of the other company will soon be 'Proposal to Strike Off'.

Seems like they've set up a new company and transferred the order book. Had they not done this I suspect your deposit would have been irrecoverable - but I suspect they've done this because there's still some more profit to be made from continuing with the sale.

So yes definitely pay by CC or cash only when goods are delivered. They could well have a lot of integrity, but we just don't know

ValHaller

I think I would only make payment to the old company unless I ahd a letter from the old company stating that their obligations under the contract had been transferred to the new company