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Business user on Shpock issues
mandy1955
Posts: 133 Forumite
My daughter bought a sofa from a company using Shpock to trade. She didn't see the sofa so it comes under Distance Selling laws.
It was delivered on Thursday 14th, at 8;45 pm. it was nothing like she had asked for and was way too small, the seats are rock solid and the arms are not cushioned as she had seen on the photos on the website.
The same evening just after she took delivery of it she messaged the seller to tell him it's not what she wanted and he told her he would see what he could do.
The following day she hadn't heard from him and so I rang him to ask for a refund as I have 14 days to make it clear to him this is our intent.
He said leave it with me and I will sort it for you. This was around 11am. I rang him back at 3pm as again he had not returned my call.
He said he can't collect it today which was Friday but would arrange courier for Saturday but would let me know later that day, again I had no reply so I rang and texted him
he was driving so he pulled over and rang me back and promised it would be collected Saturday (today ) by 6pm.
My daughter waited in all day and no-one came to get it.
He ignored my 1st call to his number but answered on the website number and told me a blatant lie, he said he doesn't know why the courier hasn't been to collect it as he booked it with them, I knew this was not true as I had already rung the courier on the number they used to let my daughter know what time it would arrive on Thursday and they told me nobody had asked them to pick it up.
He wouldn't let my daughter pay by card for this furniture as he only deals in cash and so the courier took £310 cash off my daughter for this sofa. He is now not answering calls and I would like to know what I can do next to help my daughter with her consumer rights. It concerns me that he wouldn't accept cards and now my daughter who is disabled is in a terrible state of stress and we don't know what to do.
It was delivered on Thursday 14th, at 8;45 pm. it was nothing like she had asked for and was way too small, the seats are rock solid and the arms are not cushioned as she had seen on the photos on the website.
The same evening just after she took delivery of it she messaged the seller to tell him it's not what she wanted and he told her he would see what he could do.
The following day she hadn't heard from him and so I rang him to ask for a refund as I have 14 days to make it clear to him this is our intent.
He said leave it with me and I will sort it for you. This was around 11am. I rang him back at 3pm as again he had not returned my call.
He said he can't collect it today which was Friday but would arrange courier for Saturday but would let me know later that day, again I had no reply so I rang and texted him
he was driving so he pulled over and rang me back and promised it would be collected Saturday (today ) by 6pm.
My daughter waited in all day and no-one came to get it.
He ignored my 1st call to his number but answered on the website number and told me a blatant lie, he said he doesn't know why the courier hasn't been to collect it as he booked it with them, I knew this was not true as I had already rung the courier on the number they used to let my daughter know what time it would arrive on Thursday and they told me nobody had asked them to pick it up.
He wouldn't let my daughter pay by card for this furniture as he only deals in cash and so the courier took £310 cash off my daughter for this sofa. He is now not answering calls and I would like to know what I can do next to help my daughter with her consumer rights. It concerns me that he wouldn't accept cards and now my daughter who is disabled is in a terrible state of stress and we don't know what to do.
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Comments
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Stop phoning.
You need to start getting stuff in writing - email is fine.
Send an email to the seller confirming all that you have said above.
Get an email reply from him confirming exactly when his new attempt at collection will be.0 -
Some of your wording is throwing me...
"Business user"
"Shpock to trade"
Does this mean that it is a business to business purchase (and you've just been crafty ordering a consumer item at cost price directly from the supplier)? If so, your daughter probably won't have ANY consumer rights to speak of. It would be down to what contractual terms you agreed with the seller.0 -
Thank you KeithP, I also have messages from him saying he will have it collected. He is just holding out hoping I go away I think. I am not going away the sofa she got bears no resemblance to what she chose.0
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Sorry Les79, what I mean is he is a legitimate business selling furniture on Shpock as well as from his warehouse in Blackburn. I have no idea what a business to business thing is, my daughter was on Shpock and saw a lovely sofa and she showed the pics to me she decided to buy it as I gave her some money towards it.
Also on his advertisements he offers 14 day returns.0 -
Sorry Les79, what I mean is he is a legitimate business selling furniture on Shpock as well as from his warehouse in Blackburn. I have no idea what a business to business thing is, my daughter was on Shpock and saw a lovely sofa and she showed the pics to me she decided to buy it as I gave her some money towards it.
Also on his advertisements he offers 14 day returns.
Business to business is a transaction/sale between 2 businesses.0 -
You're learning a lesson the hard-way. So not just for you, but for other readers that may come across this thread hovering over that buy button:He wouldn't let my daughter pay by card for this furniture as he only deals in cash...It concerns me that he wouldn't accept cards
Yet being concerned that it had to be in cash you still went ahead with the transaction.it was nothing like she had asked for and was way too small...the courier took £310 cash off my daughter for this sofa
Why did your daughter not inspect the sofa before handing the cash over? Perfect opportunity - no money had changed hands and you have the sofa installed in situ - no thanks, take it away. But no, "lovely, here's my hard earned cash".my daughter who is disabled
No relevance whatsoever in consumer rights. Just stick to the facts and don't embellish for emotional buy-in.
Ensure that the sofa is not used any further. As said above, communicate in writing. If you feel you are not getting anywhere that route, progress to a letter before action (LBA) that you should post from a post office and request a certificate of posting - you don't need to send special delivery. From there if no joy you progress to action via Money Claim Online (MCOL) and take them to small claims.0 -
CardinalWolsley, whilst I can see some of the points your making your answer is very rude! I'm pretty sure she only mentioned her daughter is disabled to highlight the amount of stress this has caused her! Maybe find a better way to get your point across than just being outright rude!0
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Frostiethesnowman wrote: »CardinalWolsley, whilst I can see some of the points your making your answer is very rude! I'm pretty sure she only mentioned her daughter is disabled to highlight the amount of stress this has caused her! Maybe find a better way to get your point across than just being outright rude!
Why have you waited 10 months to comment on this? Just curious as to why people pick on one particular ancient post.
FWIW I see the Cardinals reply as succinct but not rude. Sure it's not sugar coated but I don't see any rudeness in it.0 -
Frostiethesnowman wrote: »CardinalWolsley, whilst I can see some of the points your making your answer is very rude! I'm pretty sure she only mentioned her daughter is disabled to highlight the amount of stress this has caused her! Maybe find a better way to get your point across than just being outright rude!
How is it rude? It's factual and nothing a court would be interested in if you took the seller to court.
Doesn't show the stress she's under unless she has a stress related illness which you didn't divulge so shows nothing other than a sympathy card.0 -
New user opens account solely to attack a regular user by referring to a comment made in February?:eek:0
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