Harveys Furniture - SOGA

Dan:)_7

basically, Harveys sold us a sofa in 2013, after 6 months, it went faulty, so we again reported it, and they replaced it... and then again, went faulty, this time, they admitted it was a fault from the start and offered us a 25% "goodwill gesture" ontop of what we paid for our sofa (£934) to go choose another.

We went to the store, and saw nothing was suitable, as all the sofas weren't leather, and ours was a leather one from the sale..

My mum & dad tried and tried for a refund, but said no, i phoned up and was quiet stern and stood my ground.... they've now said we can have a refund.

Only thing is, they've said we're only getting £834 back.. they're taking money off us for a "usage fee", they refuse to refund the delivery.

We've got an extended warranty with 3 years left, and they've added the refund for that in the cost.


Is this Legal? are they allowed to charge a "usage fee"?

I say we've got a refund.. customer services say the store issue them, yet the store say customer services do..

We've also bought it on finance, so we've spoke to Ikano to try claim a section 75..

Just realised, i also used my barclaycard to pay the deposit..am i covered there?

wealdroam

Dan:) wrote: »

Is this Legal? are they allowed to charge a "usage fee"?

Put simply... yes it is legal.

Section 48C of The Sale of Goods Act says ( amongst other things):

(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

Section 75 of The Consumer Credit Act will not help on this point.
All Section 75 does is make the credit supplier equally responsible with the seller. As the seller appears not to have done anything wrong, it is unlikely that the credit supplier, beit Ikano or Barclaycard, would do anything.

There is of course nothing to stop you trying to negotiate on the amount that the refund is being reduced by.