Goods delivered, not as ordered

FionaKM

I was wondering if anyone can advise us what to do.

My parents ordered some furniture from Harvey's.

What has been delivered is not the furniture my parents chose with the assistant - and when they contacted the store the staff were beligerent and said 'too bad!'

We have been in protracted email and telephone contact with Harvey's customer service who have strung us along now for 3 weeks telling us that they will get it sorted - either with a reselection or refund but they are now not returning calls either.

We are at our wits end with this as my parents have a suite of furniture they cannot use (my mum is partially disabled) and did not order!!

Can anyone advise what to do??

unholyangel

How did they pay for the items? And how much were they each (unless they bought it as an actual set?)

Have they sent an LBA (letter before actioin) yet?

FionaKM

Thank you so much for replying. It was a suite - bought as a set.
They paid a deposit by credit card (£120) about 12 weeks ago, and the balance was charged to their card about 3 weeks ago, just prior to delivery (£1,100)
I have just googled LBA - and no, we haven't done that. Until today Harvey's gave us the impression they were dealing with the issue and would resolve it for us - albeit it it was very slow.
Is an LBA the next step?

unholyangel

FionaKM wrote: »

Thank you so much for replying. It was a suite - bought as a set.
They paid a deposit by credit card (£120) about 12 weeks ago, and the balance was charged to their card about 3 weeks ago, just prior to delivery (£1,100)
I have just googled LBA - and no, we haven't done that. Until today Harvey's gave us the impression they were dealing with the issue and would resolve it for us - albeit it it was very slow.
Is an LBA the next step?

You could write an LBA. They could also contact their bank and make a section 75 claim (consumer credit act). Section makes the creditor jointly and severally liable with the retailer - you have the exact same rights with them as you do the retailer. The banks may tell you that you cant claim as the retailer are acting/you havent exhausted all avenues with the retailer first but this isnt correct. You can choose which one to chase or chase them both simultaneously (thats what jointly and severally liable means).

The other added benefit of being covered by section 75 is that you not only can claim against the bank, if the bank also refuse to help, you can then complain to the ombudsman rather than going to court.

But what I would ask before that.......is the furniture totally different or is it perhaps something subjective (like looking a slightly different colour in store/brochure compared to in their home)? I presume it is totally different or your mums disability wouldnt have been brought up but best to make sure

Hintza

What have you got and what does the invoice say?

FionaKM

Thank you so much - yes, although the colour is the same the height and depth of the seating is different - which was why the original was selected as she was able to sit in the chair. This sofa she cannot actually sit in because of the height / depth.

Thank you again for your advise and the information.

FionaKM

The assistant took my parents order and deposit, but told them she would put the order paperwork in the post, after they selected the furniture.

The paperwork when received showed the items they ordered ( a 3 seater, a 2 seater and chair) with the pricing etc so my parents believed they were receiving the furniture they had tried out and agreed with the assistant.

unholyangel

FionaKM wrote: »

Thank you so much - yes, although the colour is the same the height and depth of the seating is different - which was why the original was selected as she was able to sit in the chair. This sofa she cannot actually sit in because of the height / depth.

Thank you again for your advise and the information.

Well its up to you what action you wish to take. Personally I'd try an LBA with harveys and/or file a sectoin 75 claim to start with.

If writing an LBA, keep to the bare facts. Avoid emotions such as feeling angry, disappointed etc. Title it letter before action and give a reasonable amount of time for them to act (personally I'd say 14 days). You can google for templates to give you an idea what to write.

Basically its just "we purchased a xyz (model/item number) bedroom set for the price of £x. This was delivered on x date and we contacted you on x date to make you aware that the goods do not conform to contract. Under the sale of goods act we are requesting you provide the original items as agreed/provide a full refund" (can delete either one or include both but I mean replace or refund if they cant replace, i dont mean replace AND refund as thats more than you're entitled to by law).

FionaKM

Once again, much appreciated! Many thanks!