Sofa Delivery Problems

[ARH]

Hi
On 15th June 2008 I placed an order a sofa suite from a local store. A delivery date of 2 weeks was promised. After 3 weeks I had not heard anything so I called to find out the status and they advised that my goods were on a container and there were some shipping delays. They promised to call back the following week with an update. Another week also went by and still nothing. On Monday last week the manager of the shop called to advise that there had been problems with delivery and instead of the 3+3+2 combination they could deliver me a 3+1+1 combination instead as a temporary solution. I refused this as I stated I only wanted to accept delivery for the actual goods that I had ordered and accepting something would cause further delays. I stated I just wanted to know when my goods would arrive. I was waiting for their call and left several messages but no one got back to me last week. I finally visited on Friday last week and gave them 2 options:
1) a guaranteed delivery date with compensation for the delay
2) full refund

The store manager agreed that he would call me on Monday as he needed to discuss with head office.

When he called on Monday he simply stated that his supplier advised that there were still delays and he needed until Friday this week. I confirmed that this was not acceptable and that I wanted a full refund. He promised to call me back today to confirm when I could collect my money. I think I made the mistake of paying in cash and it is going to be difficult to get this back. They also have a 25% cancellation charge, however, they have verbally agreed that they will not charge this as they are in the wrong.

What should I do? How should I cancel the order and get my cash back?

[gyzmo]

Have you paid the whole lot in cash or just a deposit? And did you order it instore or online (I know you say from a local store but just want to clarify)?

The cancellation charge should not be applied - its not as if you have just changed your mind. You need to tell them that you are resciding the contract for breach of terms and want a full refund. Put it in writing. If not followed up, send a LBF giving 7 days to refund or face court (but do be prepared to follow this up).

[ARH]

The whole lot was paid in cash in person at the store. Company is called Sofa Living and has 3 branches in London.

[ARH]

Just spoken to the shop and they confirm that they have a 3+3+1 combination and will swap out the 1 seater with a 2 seater in 2 weeks. When I demanded my money back they told me that I was being unreasonable and that they were trying to help. They are also unwilling to give me any compensation.

When I stated that I wanted to cancel they advised me that it will take up to 2 weeks to organise the refund and hey will call me on Friday will full details.

I am really fedup!

[gyzmo]

Put it in writing. You are not being unreasonable in expecting to get what you have paid for within the agreed terms.

They in fact are being unreasonable. A friend of mine was in a similar situation and ended up getting £50 compensation for each week it was delayed. he ended up getting nearly 50% off the price of the sofa!

Serve writing on them and state in the letter that you are making time of the essence. A failure to deliver will result in a claim for a full refund (plus interest and damages). Do not speak to them - you need proof if you go to court and they will only try and placate you verbally. In writing it looks silly.

[ARH]

Refund was received on the day that they promised.

[gyzmo]

That's good news. Shame you had to go through a kerfuffle, but at least you got your money back. Shop elsewhere.