Harveys faulty furniture bought on interest free credit

tds

We purchased 2 x sofas and a table and chairs from Harvey's in November 2019. We paid a large deposit on my credit card and the rest on interest free credit. The furniture was supposed to be delivered within 12 weeks but wasn't delivered until June 2020 due to Covid. When it arrived all but one piece was damaged. We contacted them and they said they would replace all damaged goods. We waited but heard nothing we decided to call but were told they had gone into administration and we would need to contact the administrators Blue Group. I sent them an official letter and have just received a response which is totally gobbledygook to me. The jist of it was that any warranty I had is now invalid. I have been in touch with the credit company Creations to explain my situation but they are not interested. They just want their money! Now I don't know what to do. I've probably paid more than the furniture is worth but if I stop paying Creations they will notify the credit agency and this will affect my perfect credit rating. They said they need confirmation from Harvey's to close the account. Which doesn't seem likely any time soon. I don't want to keep paying money for something that essentially is only fit for the bin. How do I resolve this and is there a way I can stop paying.
Please please can someone help me

Aylesbury_Duck

The good news is that Creations are jointly liable, so they can't just shrug off their responsibilities.  You also have a route through your credit card.  Write to Creations, setting out the sequence of events and explain you want a resolution - either a refund for the damaged goods or replacements.  Do not cancel payments to Creations.  

I assume you aren't using the furniture and that it's still in its packaging?

tds

Thank you for your response. We had no option but to use the sofa and the table as we thought they were being replaced. However only 2 of the chairs are usable as one came with only 3 legs!!. I have explained the whole timeline of events to Creations but unless they get confirmation they still want their money

Aylesbury_Duck

tds said:

Thank you for your response. We had no option but to use the sofa and the table as we thought they were being replaced. However only 2 of the chairs are usable as one came with only 3 legs!!. I have explained the whole timeline of events to Creations but unless they get confirmation they still want their money

The problem you may have is that if a refund is your preferred outcome, you've used the sofa and table.  You should have put the whole lot aside and not used it when it was clear all but one item was damaged.  What exactly is the damage on all bar one of the items and what is the outcome you want?

It's important to keep paying Creations until this is resolved, otherwise you're into picking payment defaults apart as well as trying to sort the damaged furniture out.

tds

I would be happy with a reduced settlement and keep the faulty goods. I had no other option to use the furniture as I had nowhere to put it and I had nothing else. I was also under the assumption that it was being replaced at some point. The faults are all quality issues ie things don't fit together properly in the sofa and one of the USBs are broken. The table is all scratches and the chairs are have various defects including only have 3 legs. 
What law is it that makes Creations jointly liable so I can quote in my letter

unholyangel

Using the furniture won't count against you and if they were refunding (your choice if you reported it within 30 days) and it's within the first 6 months after purchase then it would need to be a full refund, no deduction can be made for use. 

You can request a refund, a repair/replacement or a reduction in price. 

Contact creation again, explicitly tell them you want to make a section 75 claim (section 75 of the consumer credit act 1974) and if they still try to fob you off, ask for a letter of deadlock so you can complain to the financial ombudsman. 

The ombudsman won't cost you anything, but it will cost creation.

tds

Update: I sent Creations a Section 75 claim letter and it took them 3 months to respond. They sent someone to inspect the damage to the furniture who said it could not be fixed.  They eventually sent me an offer letter by post offering to deduct the cost of the faulty goods and give me a refund of £233.  I accepted this offer.  However they sent me an email today 3 weeks later to say they had made an error and I now owe them £233 and they will send me a new Final Response letter in the post in 3 to 5 days. Are they allowed to do this? I queried this with them and explained that I had accepted their offer they basically said if I wasn't happy then I could contact the Ombusman
Can someone clarify if they can change the original offer letter once I have accepted it
Thanks

Aylesbury_Duck

To be clear, have they already paid you the £233 ?  How else would you own them anything? If so, let them demand all they want and take you to court if necessary.  You have the paperwork and the offer letter to match the money they gave you.  I think they'd have a hard time defending themselves in court.

If they haven't paid you and have made a mistake, they can withdraw their offer but in that case, why would you owe them anything?

tds

Thanks for your information. I had been paying my direct debit before putting in the Section 75 claim as they said if I didn't it could affect my credit rating. One of the sofas was not damaged therefore I still have to pay for it. 
I thought that once they had sent out the offer letter it was legal and binding I just wanted to check if this was the case.  They could change their offer over and over even if the original offer was accepted. Doesn't seem fair

pbartlett

have you actually received any money or just a letter from tje card company?

your next step is to contact creations and raise a formal complaint. Your case will be looked at by their complaints team - wait for them to respond.