Sofaworks, dispute, section 75 possible?

Marcus676_2

Hi Everyone

Im in need of some advice and ill try to keep it brief. i bought a sofa new years eve from the above store, looked at a few in there, sales bloke was nice, i had my measurements in terms of entry. while discussing several sofas i saw one that i liked but expressed concern re entry into 1st floor flat. i was told that sofa works sofas come with removable arms.
I never bought that one and bought another. paid a 300 deposit on CC, with the other 550 on interest free.
anyway the sofa arrives today and won't fit. they took it back, i went to coventry store where i bought it, this was at the suggestion of the delivery drivers (who were great blokes)
The store said they can't help me, wait for customer services to call, which they did couple of hours later. they listened, said they would speak to the sales man and call me back, he denies everything and they point me to the non cancellable T & C's and the 30% charge to resellect (let me buy another sofa, there was a box in the order from that i ticked to say it would fit, but i had been told there sofas come with removable arms, and in such case it would have fitted dead easy) further should i refuse this they will bill me the entire 850 regardless. i do not feel this 30 % charge is fair. i don't want to give them more money, is it possible to claim of my cc company under section 75? the bottom line is they are going to be taking 850 from me and i will have no sofa, any help greatly appreciated

thanks in advance
marcus

worried_jim

Sofa works have carried out their side of the sales contract, you have probably signed on the contract to agree the t&c, but call your cc company to see what they say- I don't fancy your chances though.

Marcus676_2

worried_jim wrote: »

Sofa works have carried out their side of the sales contract, you have probably signed on the contract to agree the t&c, but call your cc company to see what they say- I don't fancy your chances though.

thanks for the prompt reply jim ill give it a try tomorrow

ConsumerGuy0016

Marcus676 wrote: »

sales bloke was nice

Marcus676 wrote:

he denies everything and they point me to the non cancellable T & C's and the 30% charge to resellect

In the future, and for anyone reading this thread - get things down in writing from salespeople. They're nice to you to induce a sale - nothing wrong with that, but if you're going to get 'induced' then get their assurances in writing.

OP: so the sofa is now in their possession again? Have you been charged the full amount yet? I do think there is a case for a Sec 75 as there has been a misrepresentation here - before anyone says "OP doesn't have enough proof!! remember that these cases are decided on the balance of probability.

Marcus676_2

ConsumerGuy0016 wrote: »

In the future, and for anyone reading this thread - get things down in writing from salespeople. They're nice to you to induce a sale - nothing wrong with that, but if you're going to get 'induced' then get their assurances in writing.

OP: so the sofa is now in their possession again? Have you been charged the full amount yet? I do think there is a case for a Sec 75 as there has been a misrepresentation here - before anyone says "OP doesn't have enough proof!! remember that these cases are decided on the balance of probability.

Hi Consumer guy

yes they have it back for the moment, i wouldn't agree to anything till i'd had a chance to check out the forum. only charge so far is the 300 deposit i paid. you are dead right about the getting stuff in writing. look like an expensive lesson for me. and its extremely disappointing that he would deny saying what he said. basically it look like ill end up in the position of my deposit being wiped out.

tomtontom

ConsumerGuy0016 wrote: »

In the future, and for anyone reading this thread - get things down in writing from salespeople. They're nice to you to induce a sale - nothing wrong with that, but if you're going to get 'induced' then get their assurances in writing.

OP: so the sofa is now in their possession again? Have you been charged the full amount yet? I do think there is a case for a Sec 75 as there has been a misrepresentation here - before anyone says "OP doesn't have enough proof!! remember that these cases are decided on the balance of probability.

Which in this case would be balanced against the OP because they ticked and signed to agree the sofa would fit.

I do sympathise Marcus, Sofaworks/ CSL are not known for their honesty. Unfortunately the weight of evidence here is firmly against you.

ConsumerGuy0016

tomtontom wrote: »

Sofaworks/ CSL are not known for their honesty.

Unfortunately the weight of evidence here is firmly against you.

If they're not known for their honesty then this shifts the balance of probability in the OP's favour.

OP: Sec 75 covers you for the deposit if the credit card company decide in your favour. You have nothing to lose, so I strongly suggest that you contact the credit card company and pursue the Sec 75.

frugal_mike

Even assuming that the OP can't prove the salesperson said the arms are removable, the retailer still isn't necessarily entitled to charge all the money for the sofa. They may not even be entitled to keep all of the deposit. They can recover their losses, but can't make a financial penalty.

worried_jim

frugal_mike wrote: »

Even assuming that the OP can't prove the salesperson said the arms are removable, the retailer still isn't necessarily entitled to charge all the money for the sofa. They may not even be entitled to keep all of the deposit. They can recover their losses, but can't make a financial penalty.

They probably wont. The customer will get the opportunity to re-select another sofa (one with removable arms) But will probably have to cover the discount that the store will now have to offer to clear the unwanted furniture. This is what I did when I worked in the trade.

sheramber

Sofaworks do say in their customer's charter

What if it won't fit?

Although we understand the difficulties in checking access routes, door sizes and corridors for delivery of oddly shaped sofas and furniture, it is always your final responsibility to ensure that your new furniture will fit into your home.

If we are unable to deliver your furniture but access is viable, we will normally attempt a second delivery with a different delivery team completely free of charge to you. This is because often there are several ways to approach the installation and every delivery team is different.

In the infrequent cases where it is not possible to install all or selected items of furniture, we will endeavour to find a solution to exchange the order for furniture that will install more easily at minimal charge.
All cases are with dealt with on a case by case basis and at the discretion of Sofaworks in the hope of finding an alternative to the cancellation of the order.

Marcus676_2

Thanks for the replies everyone

I'm currently awaiting the outcome of my complaint, they have a 48hr turn around time.

ConsumerGuy i will definitely be pursuing a section 75 claim if sofa works don't budge and it will be with Nationwide CC.


Frugal_Mike,WorriedJim and Sheramber i get what you are saying but they are viewing it as a proper contract, they made it clear that they would charge me for the whole sofa should i tell them to keep it. The T & C's state they do have discretion so I'm hoping we can come to an arrangement but I'm not holding my breath.
the most irritating thing is that i took the measurements i needed, i had them on me in the store, but when i was told their sofas come with removable arms, i knew it would fit easily. ill post how I'm getting on with this battle.