Cancelled Order...After Two months...

Patrick_Jane

Hi guys. looking for some views.


My wife and I order a pair of sofas online from Next back in early July. Everything went through fine, they took the money!
Sofas due for delivery next week, so when my wife had a message from Next asking her to call, we assumed it was to confirm delivery details. Turns out they were calling to say the order was being cancelled as the items are now out of stock!!!! After nearly 9 weeks they tell us!!!!


They're now trying to get us to order something else from them and will give us 10% discount, but there isn't anything we like.
Any ideas where we stand?! I know we can have a refund, but after waiting for two months, it all feels a massive let down. In the mean time we could have gone elsewhere and bought some sofas!!!
We spent £1,400 on the sofas, around £300 of which was vouchers. The least they could do is make sure that the whole refund is cash. I really don't want to be limited to spending that £300 with Next!


Anyone with any hints or tips?! Much appreciated. It's my first post, so be gentle! Many thanks.

tomtontom

It is annoying, but they have offered you a discount should you want to order something else - which is more than they have to do. Offering you cash in place of your vouchers would be above and beyond what would normally be offered in such situations.

Azari

Patrick_Jane wrote: »

Hi guys. looking for some views.


My wife and I order a pair of sofas online from Next back in early July. Everything went through fine, they took the money!
Sofas due for delivery next week, so when my wife had a message from Next asking her to call, we assumed it was to confirm delivery details. Turns out they were calling to say the order was being cancelled as the items are now out of stock!!!! After nearly 9 weeks they tell us!!!!


They're now trying to get us to order something else from them and will give us 10% discount, but there isn't anything we like.
Any ideas where we stand?! I know we can have a refund, but after waiting for two months, it all feels a massive let down. In the mean time we could have gone elsewhere and bought some sofas!!!
We spent £1,400 on the sofas, around £300 of which was vouchers. The least they could do is make sure that the whole refund is cash. I really don't want to be limited to spending that £300 with Next!


Anyone with any hints or tips?! Much appreciated. It's my first post, so be gentle! Many thanks.

If they took your money, they are in breach of contract.

It's pointless trying to get advice here as this forum is patrolled by retailers who will always take the side of the retailer in any dispute.

You'd really need to contact a solicitor or possibly TS.

Having said that, the problem with getting compensation on the basis of breach of contract is that is is virtually impossible to quantify your loss.

If you believe that you cannot get an equivalent product for the same price, now, you could claim on the basis of 'loss of bargain'.

Before you do anything, though, I would suggest that you try to get some sort of qualified legal advice.

Enterprise_1701C

I would ask why they decided to keep your money for 9 weeks.

Suggest to them that you will take a full refund in cash, including cash for your vouchers, plus 10% for the inconvenience.

I certainly would not be thinking about solicitors.

wealdroam

Patrick_Jane wrote: »

Hi guys. looking for some views.


My wife and I order a pair of sofas online from Next back in early July. Everything went through fine, they took the money!
Sofas due for delivery next week, so when my wife had a message from Next asking her to call, we assumed it was to confirm delivery details. Turns out they were calling to say the order was being cancelled as the items are now out of stock!!!! After nearly 9 weeks they tell us!!!!


They're now trying to get us to order something else from them and will give us 10% discount, but there isn't anything we like.
Any ideas where we stand?! I know we can have a refund, but after waiting for two months, it all feels a massive let down. In the mean time we could have gone elsewhere and bought some sofas!!!
We spent £1,400 on the sofas, around £300 of which was vouchers. The least they could do is make sure that the whole refund is cash. I really don't want to be limited to spending that £300 with Next!


Anyone with any hints or tips?! Much appreciated. It's my first post, so be gentle! Many thanks.

Was this purchase made online or in store?

Patrick_Jane

Order was online. Ironically, there was a bit of a mix up early on. We received an email saying the sofas would be delivered, a couple of weeks after we placed the order. We stayed home all day, but no delivery! Called Next, only to be told it was a computer error!!!! In that same call, we had confirmation if the likely delivery date, which was due to be next week!!

I know it's not a massive issue, but just annoying!!! They take the money, but don't deliver!
Also annoying that they say a refund will take a week!!!

wealdroam

Patrick_Jane wrote: »

Order was online.

From Next's T&Cs:

Orders and Contract Information

Your order is accepted and a contract is formed between Next and you when we despatch the goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by Next, nor at the point in time that you receive an email from Next acknowledging receipt of your order. Until the goods are despatched the order may not be accepted by Next or may be cancelled by you.

It is important to realise that The Sale of Goods Act allows the two parties in a sale, the buyer and seller, to agree between them exactly when a contract is formed. Next has proposed the above, and you, the buyer, has agreed to that when placing your order.

In simple terms, this means that no contract has been broken... simply because no contract was in place.

Patrick_Jane wrote: »

Also annoying that they say a refund will take a week!!!

Please bear in mind that this is inline with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which states that a retailer should process a refund as soon as possible but in any case within 14 days.

Hermione_Granger

Azari wrote: »

If they took your money, they are in breach of contract.

It's pointless trying to get advice here as this forum is patrolled by retailers who will always take the side of the retailer in any dispute.

You'd really need to contact a solicitor or possibly TS.

You were so eager to jump in and attack other posters you didn't even bother confirming any information before doing so.
As it it was an online purchase, are you going to admit that the "advice" you gave above is totally incorrect?

skintpaul

Do chargeback through bank / .card co. The sofa co is taking the pish!

Some interest may be in order, too. Charge them £100 for each reminder, etc.

Azari

wealdroam wrote: »

From Next's T&Cs:

It is important to realise that The Sale of Goods Act allows the two parties in a sale, the buyer and seller, to agree between them exactly when a contract is formed. Next has proposed the above, and you, the buyer, has agreed to that when placing your order.

In simple terms, this means that no contract has been broken... simply because no contract was in place.

This is not necessarily true.

Virtually all online retailers nowadays put things in their terms and conditions that they would not stand a hope in hell of having upheld in a court of law.

I maintain that the OP needs to get qualified legal advice.

There are far too many people here who think that because a company places something in their T & C's it effectively becomes law.

Oakdene

Might be worth noting that where I work, in sales, any refund must be made via the original payment method....so if someone has paid £5000 cheque & £5000 by card that's how we refund them