Fabb furniture nightmare

rosskerr1

Hi guys. We purchased a mattress and bed frame from Fabb furniture 10 weeks ago. It still hasn’t been delivered. We were told at time the delivery was 5 weeks. I have just got off the phone and they are now saying it will be in stock on week commencing 24th for delivery the week after. Which is 13 weeks. 

I appreciate these things happen but 300% longer than we agreed is a joke when they still can’t confirm this will actually happen. 

They’re saying I cannot cancel the agreement as it has been made to order. My argument is it clearly hasn’t been made yet! 

Is there anything I can do? Wife took out the finance option is it was not a cheap set up at around £1800 with a £100 deposit paid. 

Thank you for any advice. All the best! 

Aylesbury_Duck

Did you order online or in store?

What does the contract say about cancellation?

What does it say about timescale? A firm commitment, or a looser expectation?

Did you make the sale contingent upon delivery by a set date?

P.S. 13 weeks isn't a 300% increase on 5 weeks, it's an increase of 160%

rosskerr1

Aylesbury_Duck said:

Did you order online or in store?

What does the contract say about cancellation?

What does it say about timescale? A firm commitment, or a looser expectation?

Did you make the sale contingent upon delivery by a set date?

P.S. 13 weeks isn't a 300% increase on 5 weeks, it's an increase of 160%

You are absolutely right. Sorry mate I’ve had a mare there.

Stressed and tired. It was placed in person at their Leicester store.  Its stated ‘approx lead time 5 weeks’. We got the old bed out at 8 weeks after a phone call told us it was being delivered, which is never did with no phone call to explain why I had to call to be told would be another few weeks and the usual crap. So currently on a mattress on the bedroom floor. 

I can appreciate 5 weeks is approx.. so I would settle for 7-8 etc but 13 with no certainty it’s even coming is just terrible. 

I don’t have the contract to hand as I’m at work but the chap on the phone said as it’s made to order there’s no cancellations.. but it’s not been made yet? 

We are currently having a kitchen and dining room extension and were looking at £2-3k more in there for dining tables and chairs, book cases etc.  Their communication has put paid to that. 

Manxman_in_exile

rosskerr1 said:

Hi guys. We purchased a mattress and bed frame from Fabb furniture 10 weeks ago. It still hasn’t been delivered. We were told at time the delivery was 5 weeks. I have just got off the phone and they are now saying it will be in stock on week commencing 24th for delivery the week after. Which is 13 weeks. 

I appreciate these things happen but 300% longer than we agreed is a joke when they still can’t confirm this will actually happen. 

They’re saying I cannot cancel the agreement as it has been made to order. My argument is it clearly hasn’t been made yet! 

Is there anything I can do? Wife took out the finance option is it was not a cheap set up at around £1800 with a £100 deposit paid. 

Thank you for any advice. All the best! 

Have a look at s28 of the Consumer Rights Act 2015 (legislation.gov.uk)

In particular s28(3), and s28(5) to (9) inclusive.

I suggest you try quoting s28 of the legislation to the seller, give them "an appropriate in the circumstances" deadline for delivery, and tell them that if they don't meet that deadline you will treat the contrcat as at an end, and that the legislation says you are entitled to a full refund.  See what they say to that.

If you bought instore the fact it is made to measure is irrelevant to any cancellation issue.

(But still dig out the contrcat and see what the small print says about cancellation)

Manxman_in_exile

Addition to my earlier post:

You may not need to give them a deadline for delivery.  Either a delivery date was agreed when you placed the order (5 weeks) or a delivery date was not agreed.

If a date was agreed and they have missed it, then my reading of the legislation says you can treat the contrcat as at an end now, and get a full refund.

If a date wasn't agreed, then they should have delivered the bed no later than 30 days after the contrcat was made, so again you can treat the contract as at an end and get a full refund.

The only problem might be around precisely when your contract instore was entered into.

See if others think this suggestion worth following up

(Again, the fact the bed is made to measure is irrelevant if the seller is in breach of s28)

rosskerr1

Manxman_in_exile said:

Addition to my earlier post:

You may not need to give them a deadline for delivery.  Either a delivery date was agreed when you placed the order (5 weeks) or a delivery date was not agreed.

If a date was agreed and they have missed it, then my reading of the legislation says you can treat the contrcat as at an end now, and get a full refund.

If a date wasn't agreed, then they should have delivered the bed no later than 30 days after the contrcat was made, so again you can treat the contract as at an end and get a full refund.

The only problem might be around precisely when your contract instore was entered into.

See if others think this suggestion worth following up

(Again, the fact the bed is made to measure is irrelevant if the seller is in breach of s28)

Absolutely fantastic, I’ll get onto this. 

Thank you so much.

HillStreetBlues

Unless the OP stated delivery was "essential" then I don't feel the OP can now cancel ATM.

The OP needs to set a period the is " appropriate in the circumstances" and they have stated in the next 10 to 17 days.
I would have thought that would be  appropriate in the circumstances

If the OP had given them a deadline after appox 5 weeks after buying it, then would be is a stronger position,

I feel the OP needs to tell Fabb,  that it is  essential for it to be delivered on the week starting 24th Apr,  if not delivered in that week, then the OP will cancel under 28 (8)

Manxman_in_exile

HillStreetBlues said:

Unless the OP stated delivery was "essential" then I don't feel the OP can now cancel ATM.

The OP needs to set a period the is " appropriate in the circumstances" and they have stated in the next 10 to 17 days.
I would have thought that would be  appropriate in the circumstances

If the OP had given them a deadline after appox 5 weeks after buying it, then would be is a stronger position,

I feel the OP needs to tell Fabb,  that it is  essential for it to be delivered on the week starting 24th Apr,  if not delivered in that week, then the OP will cancel under 28 (8)

Yes.  On reflection that makes more sense than my suggestion that they could cancel now if there was no agreed date.

OP needs to give them a deadline for delivery

Manxman_in_exile

rosskerr1 said:

Manxman_in_exile said:

Addition to my earlier post:

You may not need to give them a deadline for delivery.  Either a delivery date was agreed when you placed the order (5 weeks) or a delivery date was not agreed.

If a date was agreed and they have missed it, then my reading of the legislation says you can treat the contrcat as at an end now, and get a full refund.

If a date wasn't agreed, then they should have delivered the bed no later than 30 days after the contrcat was made, so again you can treat the contract as at an end and get a full refund.

The only problem might be around precisely when your contract instore was entered into.

See if others think this suggestion worth following up

(Again, the fact the bed is made to measure is irrelevant if the seller is in breach of s28)

Absolutely fantastic, I’ll get onto this. 

Thank you so much.

Read HillStreetBlue's comments on my suggestion.  I think they're right and I'm wrong...

screech_78

Agreed with above. 

Give them a deadline for delivery and if they can’t meet that, then treat the contract at an end. I suggest giving them till the date they’ve now given you. 

Just a point though, it will have started production. Delays can occur at any stage and it will most likely be a delay with the fabric and upholstering. So it won’t be that it hasn’t been made at all. 

bungleisma55ive

rosskerr1 said:

Hi guys. We purchased a mattress and bed frame from Fabb furniture 10 weeks ago. It still hasn’t been delivered. We were told at time the delivery was 5 weeks. I have just got off the phone and they are now saying it will be in stock on week commencing 24th for delivery the week after. Which is 13 weeks. 

I appreciate these things happen but 300% longer than we agreed is a joke when they still can’t confirm this will actually happen. 

They’re saying I cannot cancel the agreement as it has been made to order. My argument is it clearly hasn’t been made yet! 

Is there anything I can do? Wife took out the finance option is it was not a cheap set up at around £1800 with a £100 deposit paid. 

Thank you for any advice. All the best! 

Hiya, I was just wondering how you got on with this? I purchased something from Fabb in Leicester on 1st Jan 2024, they said 6-8 weeks delivery but still waiting - I can’t even remember what the item I ordered looks like now it’s been that long! 

But I’ve been through my credit card company who have disputed the payment now because of the length of time, but it says on the terms there’s a no cancellation policy - I’ve told them I want to cancel it (more than one told them that) but now they’re saying I need to email them and that will be sent to their credit control team to deal with ‘because we’re in a contract’.