Yes Catalouge Issues

casualplacid

Hi, I'm sorry if this is the wrong forum to use, but couldn't find one I thought was relevant to my query.

Basically my mother ordered a dining room table from this company in April. You have to make 12 weekly payments to them and they will deliver the goods after 6 weeks once you have shown you can pay. My mother has made all payments with her 6th payment made on 18th June. She should have had the table delivered but nothing has yet been delivered. She has contacted them multiple times and they stated the table was out of stock, but we hadn't received an update about this. They still cannot give a date for delivery.

My mother now wants to cancel the order and get a refund. They are adamant that she cannot cancel, but also cannot deliver the table? Seems outrageous. I have done some digging and as an unregulated credit agreement, my mother has no right to cancel after 14 days of the deal being agreed. They also state in their T's & C's that they are not responsible for any delays. Leaving my mother no table, no money and no right to get a refund? She is expected to eat her tea leaning over a small coffee table which is causing back pain for an aging lady. I'm going to contact them myself tomorrow, but would like some "ammo" if you will, to use against them to get my mother a refund. 

Any help or suggestions would be greatly appreciated. I thank you in advance.

casualplacid

I should add - there are 2 grounds in which I feel we would have cause to cancel the agreement as stated in their terms and conditions as below:

6.3 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.

As the item should have been delivered to us on or some time after June 18th and they did not communicate to us that the item was out of stock, I feel they haven't "let us know" and seeing as they cannot arrange for a different table my mother was forced to pick to be delivered, would this not constitute a "substantial delay"? I am hoping this is cause for cancellation and a refund. 

Thanks again for any help with this.

D3xt3r5L4b

The terms are pretty clear.

What is the reason for the delay though?

casualplacid

D3xt3r5L4b said:

The terms are pretty clear.

What is the reason for the delay though?

Hi, they state that there is no available courier. And also cannot give us any reliable time-frames.

sourcrates

I would write to them and invoke clause 6.3 as they have not been able to fulfil their side of the contract, I would call nearly 3 months a substantial delay.
Make sure you write to them, that way you bypass the monkeys on the phone, whose job it is to deter you, and get straight to the organ grinder.