cgksheff Posted September 9, 2012 Share Posted September 9, 2012 You have no claim against them. Use your outstanding credit on some accessories e.g. mirror, rug or lamp. Link to comment Share on other sites More sharing options...
kinetic Posted September 9, 2012 Share Posted September 9, 2012 Did you use a credit card? If so ring your card company, they have joint liability. edit: see here: http://www.money.co.uk/article/1003471-how-section-75-of-the-consumer-credit-act-protects-your-credit-card-purchases.htm Link to comment Share on other sites More sharing options...
chrisjuk Posted September 9, 2012 Author Share Posted September 9, 2012 Chris774....I agree, we didnt use their measuring service which is where the problem lies and they wont take any responsibility. The manager said that he'd had to store the settee and one armchair till they had room in the showroom for them...and I do appreciate that. I just thought as we'd spent money with them anyway on another chair and sofa that I didnt really want, as they are nothing like what we originally ordered, they might show some good will and refund what was left over. They currently have well over £300 in an account forced on me, I didnt ask for it, they told me thats where my pennies would stay till I found something else to buy. So far I've seen nothing I want to buy and I've been so upset at the way they've hung on to what was left over. Sorry if I keep harping on about it, but I was stunned when they told me what the deal was...I've already spent over £2000 with them on furniture in the last 2 years.... Kinetic I dont have a credit card, its a debit one. I'm 65 on a state pension. Link to comment Share on other sites More sharing options...
cgksheff Posted September 9, 2012 Share Posted September 9, 2012 Chris774........... but I was stunned when they told me what the deal was... Why? You bought something. But then you want them to take it back. They don't have to, but kindly did so and gave you a credit note. If I go to Sytner's and buy a top-of-the-range BMW and then find that it doesn't fit in my garage ... who's fault is that? Link to comment Share on other sites More sharing options...
kinetic Posted September 9, 2012 Share Posted September 9, 2012 Kinetic I dont have a credit card, its a debit one. I'm 65 on a state pension. Well, personally I'd get yourself down to the CAB (which area of Sheffield are you in?), there are also supervised law clinics at both Sheffield Universities. All of these services are free to use. Have they given a (legally valid) reason why they have withheld your money? Did you sign a contract prior to delivery? If so request a copy of the contract (they have to provide one) and see if it includes a clause stating they are allowed to do what they've done (withhold money in the event the furniture won't fit through your door). Even if the contract does say that they can do this, it may not be enforceable. Contract law is complicated, clauses that seek to restrict the rights of one party (such as in this case) are called exclusion clauses, and it has been ruled that they have be prominently displayed or brought to your attention. If they've hidden that clause away in a lengthy document and not highlighted it or if it's contained in the "small print", it may not be valid. I can pretty much tell you (with a certain amount of confidence), how this play out. You'll go to the advice centre who'll examine the case (whether a contract exists, whether the contract was valid, etc), if they think you have a case (you might not, unfortunately), they'll write to the shop telling them so. At this point the shop may realise you mean business and give in and refund you. If not a follow up letter will be sent to them informing them they have 28/14 days to resolve the situation or a small claims court action will be brought against them (that normally gets people's attention, because refunding you is easier and cheaper than consulting a lawyer and going through the court process, especially for such a small sum). Once that warning period is over it's up to you if you wish to pursue the claim, if you do pursue it, you'll have to pay a fee upfront (which they'll be liable to refund back to you if you win the case, along with any other expenses you've incurred due to their wrongdoings). Personally, in such a situation, I wouldn't want to be the store owner. We've obviously only got one side of the story, and even then not the full picture, but if this went to a small claims court, backed by sound legal advice, its would be pretty unlikely they'd win (but still possible, don't discount the fact that you may lose!). Perhaps (hopefully), they might even see this thread and see how badly it reflects on themselves and provide a refund without putting a 65 year old man through the hassle of such a stressful situation! This thread already reflects quite badly on them imho and I wouldn't shop there after reading this! Link to comment Share on other sites More sharing options...
chrisjuk Posted September 9, 2012 Author Share Posted September 9, 2012 cgksheff...I didnt want them to take them back, I wanted them in my front room. My son did his best to persuade the men that delivered to keep trying but they gave up and took the furniture back, it was their decision, not mine. In fact my son felt with a bit more effort the job would have been done. Its not like I'm asking for the whole of the cost back, I bought a sofa and chair that happened to be about £300 cheaper.. My son also measured everything, we took those with us with warnings about access, so they knew what they were taking on. Yes its my fault I didnt pay the fee for their services, I'm well aware of that Link to comment Share on other sites More sharing options...
kinetic Posted September 9, 2012 Share Posted September 9, 2012 TBH, I'm frankly aghast at some of the replies on this thread. From what I can tell he isn't asking for the entire sum back for the original purchase. He was told that the reason they couldn't fully refund him was "they had furniture on their hands taking up space", so he chose some other furniture and accepted that, therefore alleviating the original excuse the store had given! (To be honest, I wish you'd gone straight to the CAB when they refused to refund you in the first place, this place sounds dodgy as hell and they sound like they are trying to take advantage of an OAP!). Quite how some of the posters on here can defend this position (especially when it's clear none of them have any legal knowledge in consumer/contract law) is beyond my comprehension! They should do the right thing and refund him the difference! As far I can see they are illegally withholding his money! Link to comment Share on other sites More sharing options...
chrisjuk Posted September 9, 2012 Author Share Posted September 9, 2012 Kinetic...thank you for such a comprehensive reply.. We didnt use their own measuring services and it states in the contract that without it, any problems with delivery are down to the buyer....us. I did try and appeal to the manager last year but he wouldnt budge from shop policy, which is anything over £100 is not refundable. I think CAB might be my best bet.... I e mailed them a couple of days ago, hoping to hear this next week. It was how the law sees shop policy that I want to know about and is it worth making a fuss PS I'm a female..Christine and I wont go there again..I feel trapped and obliged to spend another £220 in the hope they'll give the remaining 100 back Link to comment Share on other sites More sharing options...
kinetic Posted September 9, 2012 Share Posted September 9, 2012 We didnt use their own measuring services and it states in the contract that without it, any problems with delivery are down to the buyer In such a situation I think a full refund, minus the cost of delivery, would be the extent that they could claim. But, that boat's sailed unfortunately (due to the length of time and the fact you took a replacement). My problem is that because the money left over is more than £100 they wont give it me back Its shop policy I'm told Shop policy means jack (expletive), that's nothing but salesman gobbledygook. There's only one thing that matters, and that's the law of the land, there isn't a "shop policy" in the country that can over-ride legislation/case law. They know that, they are trying to take advantage of you! I think CAB might be my best bet.... I e mailed them a couple of days ago Just pop along to one. Most operate on a "drop in" type system where you can just walk in and get advice there and then. May be worth ringing ahead first to check. They are dotted all over Sheffield so there's probably one quite close to you. PS I'm a female..Christine Apologies, I just saw "Chris" and assumed... Link to comment Share on other sites More sharing options...
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