AHF Furniture Sofa Cancellation

HenryHippo

Hi,

I ordered a sofa (in store from AHF) about 2 weeks ago, it is due to arrive in another 6 weeks.

I have had a change of heart though and don't want that sofa (or any of their other ones).

I didn't pay a deposit or anything. Just arranged to pay on finance over 4 years.

If I call them up and cancel do they have to accept this? If not what can I do to make them more likely to agree?

Thanks

Poppie68

HenryHippo wrote: »

Hi,

I ordered a sofa (in store from AHF) about 2 weeks ago, it is due to arrive in another 6 weeks.

I have had a change of heart though and don't want that sofa (or any of their other ones).

I didn't pay a deposit or anything. Just arranged to pay on finance over 4 years.

If I call them up and cancel do they have to accept this? If not what can I do to make them more likely to agree?

Thanks

You may be in time to cancel the finance but you may still be Stuck with paying for the sofa.
You need to ring them to find out but your contract should clarify the matter.

wealdroam

HenryHippo wrote: »

Hi,

I ordered a sofa (in store from AHF) about 2 weeks ago, it is due to arrive in another 6 weeks.

I have had a change of heart though and don't want that sofa (or any of their other ones).

I didn't pay a deposit or anything. Just arranged to pay on finance over 4 years.

If I call them up and cancel do they have to accept this? If not what can I do to make them more likely to agree?

Thanks

You are entirely reliant on any cancellation policy the store may have offered.

You have no statutory right to cancel an order made in store.

HenryHippo

Poppie68 wrote: »

You may be in time to cancel the finance but you may still be Stuck with paying for the sofa.
You need to ring them to find out but your contract should clarify the matter.

wealdroam wrote: »

You are entirely reliant on any cancellation policy the store may have offered.

You have no statutory right to cancel an order made in store.

Says on my receipt "no cancellations accepted"

Nothing to do except call them and say I've changed my mind are they able to cancel as the sofa isn't due to arrive for another 6 weeks, so presumably is barely even started yet?

HenryHippo

Bump. My sofa hasn't arrived yet and is about 3 weeks overdue. Does this give me a leg to stand on if I want to cancel?

wealdroam

HenryHippo wrote: »

Bump. My sofa hasn't arrived yet and is about 3 weeks overdue. Does this give me a leg to stand on if I want to cancel?

You need to add 'time is of the essence' to your contract.

Read this section of MSE's Failed Delivery article for further detail.

There's a template letter to help you.

HenryHippo

wealdroam wrote: »

You need to add 'time is of the essence' to your contract.

Read this section of MSE's Failed Delivery article for further detail.

There's a template letter to help you.

Cheers for that. It's too late to add anything to the contract though as that was signed back in Feb

Can anyone advise me what they would do, as I wait for a sofa that I really don't want that is overdue? Thanks

wealdroam

HenryHippo wrote: »

Cheers for that. It's too late to add anything to the contract though as that was signed back in Feb

Did you miss this in that article?...

It is also possible to add 'time is of the essence' after you've ordered, especially if they are playing games with delivery. However, companies may refuse and then it'll be up to the courts to decide.

Click on See how to add time is of the essence immediately following that quote to see how to do it.

unholyangel

Any term stating no cancellations accepted would be unfair. The most they can say is that if you wrongfully cancel the contract, you may be liable for actual losses incurred by them.

However, if the finance is provided by a third party then you should have a 14 day cooling off period - which also extends to linked contracts due to the consumer credit act and also unfair terms in consumer contract regulations.

Some traders may try and tell you that you still need to complete the agreement (mostly places like DFS), but they'll fold when pushed on the issue because they know they don't have a leg to stand on.

ETA: The above isn't true in all cases involving finance though, just specific circumstances (much like s75 protection doesn't apply to all finance).

HenryHippo

wealdroam wrote: »

Did you miss this in that article?...

Click on See how to add time is of the essence immediately following that quote to see how to do it.

Thanks. I will draft a letter to that effect, and cross my fingers that they do not deliever in the time frame, and then I don't need to pay for it.

unholyangel wrote: »

Any term stating no cancellations accepted would be unfair. The most they can say is that if you wrongfully cancel the contract, you may be liable for actual losses incurred by them.

However, if the finance is provided by a third party then you should have a 14 day cooling off period - which also extends to linked contracts due to the consumer credit act and also unfair terms in consumer contract regulations.

Some traders may try and tell you that you still need to complete the agreement (mostly places like DFS), but they'll fold when pushed on the issue because they know they don't have a leg to stand on.

ETA: The above isn't true in all cases involving finance though, just specific circumstances (much like s75 protection doesn't apply to all finance).

Too late for my 14 day cooling off period