Refund agreed on Friday - phone call to rescind on Sunday

Springy6

Bought some furniture (sofas and bedroom furniture) and carpets (separate sale) from a nationwide furniture store back in February.

Carpets were fitted last Tuesday - no problems - and furniture delivered on Friday. First I knew that the bedroom furniture was self assembly was when the delivery driver carried it in. Was not cheap furniture and hadn't expects at this pace it would be self assembly. When I told him that wasn't what we ordered, he told me the paperwork would show it was flat packed and was surprised that nothing was recorded on it.

Had we known it was self assembly, we wouldn't have bought it.

Rang store immediately and was called back by store manager who had pulled out the paperwork. She said that as there was nothing recorded on our paperwork ("an oversight on the part of the sales assistant" to quote) she would arrange collection of the furniture and we had to call in to store and have the amount refunded on our credit agreement. I was happy and accepted this outcome.

Move forward 48 hours and get a call from the same store manager. She has spoken to the sales assistant who remembers our purchase in great detail and definitely told us that it was self-assembly! Remember this purchase took place 3 months ago! As a result, store now not going to honour the refund agreed 2 days earlier. Also told that they have no obligation to tell us that the furniture is self-assembly as "everyone knows it is". Clearly not or we wouldn't have bought it.

Any advice on how to proceed would be great fully received. As they agreed a refund, can we enforce this? Best way to move forward?

Silver-Surfer_2

Everyone may know it's self assembly. But as you haven't named the product or company we cannot advise on that.

Call the finance company in the morning if you haven't already done so.

dekaspace

If everyone knew it was self assembly then why did they tell you they would ask the assistant as that would mean the manager did not know themselves.

naedanger

Springy6 wrote: »

Bought some furniture (sofas and bedroom furniture) and carpets (separate sale) from a nationwide furniture store back in February.

Carpets were fitted last Tuesday - no problems - and furniture delivered on Friday. First I knew that the bedroom furniture was self assembly was when the delivery driver carried it in. Was not cheap furniture and hadn't expects at this pace it would be self assembly. When I told him that wasn't what we ordered, he told me the paperwork would show it was flat packed and was surprised that nothing was recorded on it.

Had we known it was self assembly, we wouldn't have bought it.

Rang store immediately and was called back by store manager who had pulled out the paperwork. She said that as there was nothing recorded on our paperwork ("an oversight on the part of the sales assistant" to quote) she would arrange collection of the furniture and we had to call in to store and have the amount refunded on our credit agreement. I was happy and accepted this outcome.

Move forward 48 hours and get a call from the same store manager. She has spoken to the sales assistant who remembers our purchase in great detail and definitely told us that it was self-assembly! Remember this purchase took place 3 months ago! As a result, store now not going to honour the refund agreed 2 days earlier. Also told that they have no obligation to tell us that the furniture is self-assembly as "everyone knows it is". Clearly not or we wouldn't have bought it.

Any advice on how to proceed would be great fully received. As they agreed a refund, can we enforce this? Best way to move forward?

Firstly, as you say, not everyone can know (without being told) their furniture was self assembly. The great majority might know (depending on the company) but that is still not everyone. And clearly you did not know.

You cannot enforce a voluntary agreement so I would not place much importance to their previous promise.

I expect you are entitled to a refund if you did not know the item was self assembly. They are disputing this point (they say you were told it was self assembly) so it is possible the matter may not be resolved quickly.

However you say you bought the furniture under a credit agreement, which should be a help. This is because the credit company are jointly liable and, as a financial services company, must have good complaint handling processes.

I suggest you put your complaint in writing to the shop. Explain you were never told the furniture was self assembly and dispute the sales assistant's memory of what was said. Clearly state the solution you require - i.e for them to arrange collection and provide a full refund and explain that if they do not agree to this within [5] working days then you will take your complaint to the credit company. (The credit company are jointly liable.) I would end by stating that I felt strongly about the matter and would pursue the matter methodically through all means available to me. (To let them know the problem is not going away quickly unless resolved to my satisfaction.)

If the store does not agree then complain to the credit company. If the credit company does agree ask for a copy of their complaints procedure. Then follow that. Their complaint procedure will enable you to take your complaint, at the end of their process, to the independent Financial Service Ombudsman. (If you still don't win you can then take legal action, although this will involve some cost that you won't recover if you lose your case.)

Unfortunately this may take weeks, which I can understand might be rather inconvenient. Hopefully if you make your initial complaint sufficiently clear then they will agree to keep to their previous agreement.

paddyrg

Third way - shop pays for a handyman to assemble it for you?

TrickyDicky101

naedanger wrote: »

Firstly, as you say, not everyone can know (without being told) their furniture was self assembly. The great majority might know (depending on the company) but that is still not everyone. And clearly you did not know.

You cannot enforce a voluntary agreement so I would not place much importance to their previous promise.

I expect you are entitled to a refund if you did not know the item was self assembly. They are disputing this point (they say you were told it was self assembly) so it is possible the matter may not be resolved quickly.

However you say you bought the furniture under a credit agreement, which should be a help. This is because the credit company are jointly liable and, as a financial services company, must have good complaint handling processes.

I suggest you put your complaint in writing to the shop. Explain you were never told the furniture was self assembly and dispute the sales assistant's memory of what was said. Clearly state the solution you require - i.e for them to arrange collection and provide a full refund and explain that if they do not agree to this within [5] working days then you will take your complaint to the credit company. (The credit company are jointly liable.) I would end by stating that I felt strongly about the matter and would pursue the matter methodically through all means available to me. (To let them know the problem is not going away quickly unless resolved to my satisfaction.)

If the store does not agree then complain to the credit company. If the credit company does agree ask for a copy of their complaints procedure. Then follow that. Their complaint procedure will enable you to take your complaint, at the end of their process, to the independent Financial Service Ombudsman. (If you still don't win you can then take legal action, although this will involve some cost that you won't recover if you lose your case.)

Unfortunately this may take weeks, which I can understand might be rather inconvenient. Hopefully if you make your initial complaint sufficiently clear then they will agree to keep to their previous agreement.

I disagree. I don't think it is anywhere near as clear cut as you make out. I don't think the contract is voidable simply because it's flat-pack rather than pre-assembled. Where, for example, does it state it was definitely pre-assembled in the contract? It doesn't.

s75 protection would make the finance company, if applicable, jointly liable. Furniture has been delivered to spec. Contract fulfilled ergo no liability for finance company.

Le_Kirk

Fourth way, you pay for a handyman to assemble it for you. I know this is a cost for which you had not budgeted but, if you succeed in having the furniture taken back, you still have to buy some replacement furniture and that is likely to be self-assembly and take some time to order and be delivered.

naedanger

TrickyDicky101 wrote: »

I disagree. I don't think it is anywhere near as clear cut as you make out. I don't think the contract is voidable simply because it's flat-pack rather than pre-assembled. Where, for example, does it state it was definitely pre-assembled in the contract? It doesn't.

s75 protection would make the finance company, if applicable, jointly liable. Furniture has been delivered to spec. Contract fulfilled ergo no liability for finance company.

I gave my opinion and my suggestion on how the op complain effectively. I did not say the op is sure to win.

However if the shop's defence depends on the fact they did not describe the item as pre-assembled then I think the shop's case is very weak. Were the items on display piles of parts or assembled? I would expect to receive an item similar to the one on display except if described otherwise or if it was obvious the item was self assembly e.g. if the boxes the items were in were on display (as in certain stores).

Springy6

Thanks for all the replies.

Just to confirm, the furniture was all assembled in the showroom - no boxes or anything to indicate that it was flat packed.

London50

Springy6 wrote: »

Thanks for all the replies.

Just to confirm, the furniture was all assembled in the showroom - no boxes or anything to indicate that it was flat packed.

I think the word "SHOWROOM" conveys how it will look when set up and would bear no relationship as to how the items would be delivered. Personally I would not expect to enter a showroom area and see a pile of cardboard boxes piled up in a corner as IMO it would defeat the idea of a showroom.
If I were going to buy I would ask just how the goods would be delivered rather than expect them to be "as displayed" but that is just me.

Silver-Surfer_2

Springy6 wrote: »

Thanks for all the replies.

Just to confirm, the furniture was all assembled in the showroom - no boxes or anything to indicate that it was flat packed.

Care to name the company?