Furniture on finance help please

ohadeade

Hi,

First post on these forums although I have viewed many times.

I am currently in a situation which I can find no advice for so I'm desperate for some help.

I'll apologise beforehand for the post being so long-winded!

My wife and I picked some new bedroom furniture from Furniture Village. The items were a bed, wardrobe, chest of drawers and two bedside tables. The sales assistant was very helpful (a bit pushy) and gave us a price for the full suite. She also offered us 5% discount plus free delivery and assembly.

We were happy with the price, paid 20% deposit and signed up for 3 years interest free finance provided by Hitachi for the remaining balance.

Last Friday the furniture arrived but the bed was missing.

We initially suspected a mix-up with the warehouse or delivery drivers but when we enquired we were told that no bed had been ordered by the store.

We checked the paperwork which was printed by the store and this confirmed that the bed was not included.

Crucially, we have a list handwritten by the sales assistant with all the items we required and the price we agreed on but this doesn't match the printed paperwork (although the prices are the same, the bed is missing).

We have spoken to the store and obviously they are reluctant to honour the initial quote.

If the price of the bed is added to the initial quote, the price of the suite becomes more expensive than we were willing to purchase.

If I had paid cash I would be adamant that the store either honour the quote or return all of the furniture for a refund. However, 80% of the balance is now owed to Hitachi finance.

Does anyone know whether I am legally obliged to pay the finance even though the goods I have received are not what was discussed with the store?

Do I pursue Hitachi finance with my grievance as the store aren't interested?

Thanks in advance - I did warn you it was long-winded!

Rob.

Edit - I realise I should have checked the printed document before I signed up for three years of payments for half a bedroom!

visidigi

Did you sign the piece of paper with the list on to confirm purchase or the Furniture Village Invoice.

It sounds suspiciously like you signed off on the order but didn't notice the bed wasn't itemized.

If that's the case that is over an above any handwritten, unsigned note from prior to the Furniture Village invoice and associated Finance documentation.

ohadeade

Hey visidigi,

Yes, sorry. To re-iterate, I signed for the financed remaining 80% of the balance. The confirmed order relating to this does not include the bed. If I had been adequately diligent I would have noticed this and not signed.

I understand that this would supersede any written quote. However, it was the figure in this quote (which included the bed) which made us interested in the items.

I suppose my main question now is whether I can request that the furniture is returned for a refund of the 20% and the finance cancelled on the grounds that with the bed included it is too expensive or whether I have to accept it and sleep on the floor looking at my lovely new wardrobe!

visidigi

You can't return the furniture because you didn't get all the items you expected based on a document prior to the actual transaction. The transaction you made signed for the items itemised on that transaction at the cost which was also itemised.

The fact you can't afford to now add the bed doesn't change the legal position on the transaction that you have agreed to.

The whole thing here is they itemised the order, they wrote up the finance documents and you signed them. That signature agrees to whats on them and they have delivered what you agreed to.

Oversight or not, the furniture is now yours, the finance will need settling and you will need to find a way to get a bed to sleep on I am afraid.

ohadeade

A caveat to the finance agreement is that it can be cancelled before 7 days without any reason. More than 7 days have elapsed since I signed the agreement but as I have been in possession of the goods for less than 7 days does this give me any leverage with the finance company?

visidigi

ohadeade wrote: »

A caveat to the finance agreement is that it can be cancelled before 7 days without any reason. More than 7 days have elapsed since I signed the agreement but as I have been in possession of the goods for less than 7 days does this give me any leverage with the finance company?

You can cancel the finance within 7 days, but you would still owe for the furniture. Cancelling the finance does not change your obligation to pay, it just changes who you pay and instead of over time you would most likely need to pay in full, immediately.

Really, honestly, can't make it any clearer, this is your error, not theirs...

marliepanda

ohadeade wrote: »

Crucially, we have a list handwritten by the sales assistant with all the items we required and the price we agreed on but this doesn't match the printed paperwork (although the prices are the same, the bed is missing).

How does this work sorry? Either the sums don't add up correctly on the piece of paper, or they are different prices? They cannot both show the same items, and the same prices, when one has an omission and one does not.

I'm wondering if she added it up wrongly, omitting the bed price, and you thought you'd managed to pull a fast one...

ohadeade

marliepanda wrote: »

How does this work sorry? Either the sums don't add up correctly on the piece of paper, or they are different prices? They cannot both show the same items, and the same prices, when one has an omission and one does not.

I'm wondering if she added it up wrongly, omitting the bed price, and you thought you'd managed to pull a fast one...

Hi,

The handwritten list shows all of the items (including the bed) with a total price (not itemised) while the printed paperwork shows itemised price list but with the bed omitted. The price is the same but the items differ so no, nothing as salacious as you'd wondered.

ohadeade

visidigi wrote: »

You can cancel the finance within 7 days, but you would still owe for the furniture. Cancelling the finance does not change your obligation to pay, it just changes who you pay and instead of over time you would most likely need to pay in full, immediately.

Really, honestly, can't make it any clearer, this is your error, not theirs...

Not disputing who's fault it is, just looking for a way out.

visidigi

Thats the thing - there is no consumer rights to support what you're trying, only the extended rights a retailer may offer in excess of your statutory rights, something FV don't have I'm afraid.

cattie

Is there a Head Office you can contact as you're not getting anywhere in store? Might not help, but worth a try at least.