Consumer right, urgent help, plz!!

JC509

Hi guys, I got a bit of situation here, plz help out!

Background:

27/12/14: -placed order of a sofa from the furniture village store.
-Hand written temporary receipt was given.
-10% (£300) deposit paid.

Note: we wanted to have the sofa on finance ,but because we want order it now coz its on sale but deliver in 6 months time (as the room is currently occupied, so we can't have to sofa now). because we want it in 6months time, we have to wait for a couple months to apply the finance because it's only valid for certain months.


3-4 weeks later: changed mind about the material of the sofa, and wanted to change from fabric to leather. But the price was too high.
wanted to canceled the order. sale person said we cannot cancel the order, because the frame is already in manufacture, we have to buy the sofa!! but we insist we want to cancel the order coz we can not afford it and dont want to compromise.

1/2/14: Called back from the manager, saying we cannot cancel the order if we are insist, we will have to pay 30% of the sofa, and this is stated on the terms and condition of a printed receipt.

The fact is we have Never receive the printed receipt, all we got/given was a hand written temporally receipt that has no terms and conditions. The terms and condition was not told or given at the point of purchase, I'm well aware of that any terms and condition can not imposed afterward or without the other party's agreement.
Please help us out here, see if we can get to refund of our deposit or at least we dont have to pay the 30% of the sofa.

Btw i was always thought that the 10% deposit we have paid is for the finance application not for the sofa.

thank you soo much for ur time, im really appreciate any advice you could give me. sorry about the long text.:)

wealdroam

On the thread:

READ ME FIRST PLEASE . . . Useful links, Resources and FAQs

you will see this post:

Is a deposit ever refundable?

Well worth reading.

marliepanda

As you bought in store you have no automatic right to a refund, or to change the material.

What have you signed with regards to the sofa order. I would be surprised if they started to make it with no signed 'order' from you (receipt or no receipt)

Any terms and conditions they had would be above what is offered in law. If there were none, it reverts to the law, which is that you have no right to a refund.

You not being able to afford it or not wanting to 'compromise' (not sure what you mean by that) is irrelevant. You could afford it originally, but then a) wanted to change the material (no automatic right) and then when the change was too expensive you wanted to cancel full stop (again, no right) You should not have bought the sofa if you couldnt afford it. You decided on a sofa, ordered it, then changed your mind on two counts. The law does not afford you that right.

You are lucky to only be made to pay 30%. They could hold you to the full amount.

Also not sure what you mean by paying 10% to apply for the finance. The deposit is a deposit. Its for the sofa. You don't pay 10% to apply for finance. Many people get caught out because they get turned down for the finance and then have to pay cash.

JC509

The thing is i don't believe they are making the sofa already, coz the we wanted in 6months time. So they telling me they made the sofa and have it sitting there for 6months then deliver it? The only reason why i think i can cancel the order is because i think they are not making it atm!

marliepanda

JC509 wrote: »

The thing is i don't believe they are making the sofa already, coz the we wanted in 6months time. So they telling me they made the sofa and have it sitting there for 6months then deliver it? The only reason why i think i can cancel the order is because i think they are not making it atm!

You can't prove that.

They may make them as they are ordered. They may have a quiet patch. Maybe that sofa won't exist to make in 6 months time.

You entered a contract for the item. They have so far kept their side. You have not.

ThumbRemote

I can't see they can hold you to 30% cancellation fee, since you didn't sign any terms and conditions. The worst they'd be able to do is withhold the £300 you've already paid.

In which case it's your choice - lose the £300 and buy elsewhere, or buy the sofa you originally wanted for Furniture Village.

Bantex_2

You freely entered into a contract. Do the right thing and honour it.

Chickabiddybex

"Btw i was always thought that the 10% deposit we have paid is for the finance application not for the sofa."

So did you get a copy of the finance forms?

JC509

Thanks guys, thank you for ur time and advice.

We got a phone call back from the store manger, saying he has consulted the general manager and the decision was i will be able to cancel my order but i will lost the 10% deposit.

I wasn't going to accept that because first, I was never receive their printed receipt which according to them it will have the temrs and conditions on it, probably that is cause i haven't go through the finance application yet and the order is still on hold, or watever, therefore i was not informed about their terms and condition. By law, they can not impose any terms and conditions after the contract is made or without the other party know! Secondly, i want the sofa in 6 months time, there is no way they have already made the sofa or the frame.

Then, raised another complaint to take this matter further on the website. Contacted the person specially deal with complaint and explained my right and everything.

Received another phone call from the sale person today, saying they have received a phone call from the head office that my order is canceled and they will refund the 10% deposit fully to my account.

Result!! thank you for ur time.

JC509

hI, Chickabiddybex

yh, i agreed with you. they are so misleading, that is what i though as well about the 10% deposit.

also I haven't take or got any application form, the sale person said, all i have to do is go back there in a couple months time to do the finance application.

jacques_chirac

JC509 wrote: »

hI, Chickabiddybex

yh, i agreed with you. they are so misleading, that is what i though as well about the 10% deposit.

also I haven't take or got any application form, the sale person said, all i have to do is go back there in a couple months time to do the finance application.

Chickabiddybex quoted you, her response was a question, not an agreement that you were right!