Why should I pay for SOFAWORKS mistake

Babytige

Ordered two sofas from Sofaworks and delivery set for 12 December. When sofas arrived the colours were wrong (Sofaworks mistake) and sofas taken back. Called head office. As we had disposed of old furniture in order to take delivery of new sofas we were left with none 13 days before christmas The lady we spoke to suggested going to the store and buying 'something' from stock' so we had something to sit on! . Not happy with this response we asked to speak to manager, was advised one would call that day. No call made so went to shop where order placed. Advised that loan furniture could be made available while we waited for new sofas to be ordered and delivered sometime in Feb 2015. However, we have used the interest free payments option and now Creation Finance want us to start paying for goods we don't have. creation Finance say that if Sofaworks advises them to suspend the account they will do so but Sofaworks refuses to do this....Any ideas, if I don't pay the instalment due on 18 Jan I will incur charges and my credit rating will take a hit.

hollydays

Who at sofa works has refused to do this?
I'm no expert here so hang on until someone more knowledgeable arrives.
Just verbally?

Hintza

Assuming they are giving you loan furniture until your stuff can be delivered might as well start paying.

If you have been left with nothing not sure I would be keen on paying. Remember the finance company will be jointly liable if they never arrive.

Marktheshark

First step is to put in writing that they have failed to fulfil the contract.
State that this puts you in dispute with the retailer for breech of contract.
Demand they suspend the credit payments until they have met the contract terms and consumer regulations and statutory rights.
Do not use e-mail.
Old school recorded delivery.

JethroUK

Hintza wrote: »

Assuming they are giving you loan furniture until your stuff can be delivered might as well start paying.

If you have been left with nothing not sure I would be keen on paying. Remember the finance company will be jointly liable if they never arrive.

I agree - even a loner costs money so you should make the payments

OR

ask for your money back (SOFAWORKS maximum liability) but then you dont got nothing to sit on even if you order elsewhere

Nirano

You should not pay - your have a right to reject goods that do not conform to your agreement under the sale of goods act. Credit is form of payment and does not affect your rights.
What will you be paying the finance company for if you do not have a sofa - a loan sofa is not the new sofa you agreed to pay for

antrobus

Babytige wrote: »

..... However, we have used the interest free payments option and now Creation Finance want us to start paying for goods we don't have. creation Finance say that if Sofaworks advises them to suspend the account they will do so but Sofaworks refuses to do this....Any ideas,....

Point out to Creation Finance that under s75 of the Consumer Credit Act 1974 they are just as liable for the failure to supply the sofas in question as are Sofaworks.