Loss of consumer rights on HP account

marliepanda

timbstoke wrote: »

I think any company lawyer seeing a branch so blatantly refusing to fulfil their statutory obligations would see the cost of a repair/replacement sofa as being by far the better option compared to having to explain that letter in court. Since OP is in arrears with payments, I imagine a refund would be just as acceptable if that's what the company decided to offer.

You're right, they can potentially demand the arrears immediately. Anyone can demand anything they like, at any time. If OP is already in an IVA with them, good luck with that. The phrase "blood from a stone" comes to mind.

Well so far this letter doesnt actually exist...

A refund could lead to the OP still owing money, depending on the amount paid and the amount refunded, and with no sofa though they probably dont want it if its nackered.

DoaM

OP also suggests that the sofa was mis-described (leather-faced rather than leather). Whilst OP is making lower payments, could OP seek a reduction in price due to the above such that the lower payments reflect the true value of the sofa?

No idea if this is possible, but it's certainly an angle I'd explore.

bris

Bottom line here is they don't actually need to do anything until the OP makes them. As yet the OP has not proved anything to make them so any lawyer will know this and is free to ignore anything the OP says or does until then.


Whats leather faced anyway? Never heard that one before, but again can the OP prove this was misdescribed

TheGardenGnome

Gavin83 wrote: »

Do you have children and pets out of interest?

Anyway the finance agreement makes no difference to your consumer rights. However given the age of the sofa it's up to you to prove the fault is an inherent one before they have to take action. They'll be a fee for this but it'll be refunded if it's found to be faulty.

We have a 17 year old daughter and a cat.

Manxman_in_exile

I may be wrong, but I doubt the retailer (even at Head office) has a "company lawyer" let alone a legal department. I worked for an organisation of almost 4,000 staff and we didn't have a lawyer.