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Hi

 

I ordered a Corner sofa from Homebase in January told delivery would be within 35 days (On or before 12/2/2009), They took payment in full straight away £650.

 

I spoke to Homebase to check everything was ok on the day before they were meant to arrange delivery as i was going away. Yes everything is still on course should be delivered by end of week. Next day i was left an automated message saying it would be another month (By 11/3/2009). I spoke to Homebase customer service (Useless at best) and was assured that it would definetly be delived on or before this date and if it wasn't i could cancel my order get a full refund and also compensation as they have had payment for 2 months and i still have not had product.

 

Last nite @ 21:15 i was left a voicemail stating that they would not get the item until 16/4/2009 and to phone them if this was not ok. I have just phoned them and they state that if i cancel my order i am not entitled to any compensation.

I feel that as i am and have been paying interest (Brought on Credit Card) on the sofa that i am at worst entitled to be refunded that as well.

 

They have clearly Breached the Contract with me as they have failed to deliver the item i ordered within a reasonable time frame despite taking full payment at time of purchase. I bought the item in a sale and will now have to pay £200 -£350 more to get a similiar sofa.

This is a bog standard sofa nothing personalised or that.

 

Do i have any claim against them for the losses i have incurred ? If they had not taken payment at first then theses losses would not have occured.

 

If so how do i go about it ? I know that it would involve a letter to there head office but wanted guidance as to what i should write and what i should claim.

 

to date it has cost around £30 in interest, £40 for a cheap second hand sofa as it our first property and arounf £250 quid to stop the Mrs moaning that we dont have a proper sofa yet !!!!!

Edited by majik

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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Yes you have a claim for all losses. Put it in writing and send them a 7 day LBA.

I am very surprised. I thought that they were much better than this.

Don't waste time and don't be diverted.

Don't bother to send letters if you aren't prepared to go the whole way and carry out your threads of county court action

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Many thanks BankFodder, i thought i had a case but just wanted clarification, i have no problem taking them to court. Did it with my bank so they are no differant.

 

What do you think is reasonable to claim ? im just annoyed as the sofa was on sale everywhere, went for Homebase cos well known etc and now will have to pay £200 - £350 more for the same sofa as its no longer on sale anywhere now

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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  • 1 month later...

Just a update to anyone who orders anything from homebase DON'T !!!

 

They will happily take you money when you place your order and leave you wanting weeks/months for your order and when you complain you are informed that no Contract exsists between you and Homebase until you have accepted delivery of goods and are satisfied.

 

So why do they take your money ????? If no contract exsists then surely this is theft ??

 

I have this in writting from Leanne ****** who is 1 of the 2 managers on the escalations team.

 

Avoid at all costs !!!

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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  • 2 weeks later...

Don't worry - if you bought on credit and the agreement is regulated by the Consumer Credit Act then you can complain in accordance with Section 75 of the Consumer Credit Act. This states that the credit firm are jointly liable. Take a look at the Citizens Advice Bureau website or consumer direct. I have had serious issues with Homebase and my new kitchen purchase. I gave up with Homebase and complained directly to my credit card company and the credit card company are looking to refund my money. You also have the option to complain to Ombudsman if you are not happy with how the credit firm deal with your complaint.

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In a any consumer contract, time is has to be made a contractual term. So in order for Homebase to have been in breach of contract you would have had to have made time the essence of the contract. This would have to be in writing.

 

If you didn't do this then you would have a hard time showing that they were in breach of contract and therefore you would have no entitlement to damages (the standard remedy for B of C). If you did this then you can claim for any mitigated losses.

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Don't worry - if you bought on credit and the agreement is regulated by the Consumer Credit Act then you can complain in accordance with Section 75 of the Consumer Credit Act. This states that the credit firm are jointly liable. Take a look at the Citizens Advice Bureau website or consumer direct. I have had serious issues with Homebase and my new kitchen purchase. I gave up with Homebase and complained directly to my credit card company and the credit card company are looking to refund my money. You also have the option to complain to Ombudsman if you are not happy with how the credit firm deal with your complaint.

 

I have now had a full refund from homebase, wasn't bought on credit but paid in full with credit card.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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In a any consumer contract, time is has to be made a contractual term. So in order for Homebase to have been in breach of contract you would have had to have made time the essence of the contract. This would have to be in writing. Homebase state that the item should be delivered in 35 days my gripe is they took my money in January and said sofa would be delivered within 35 days, then cancelled 34 days later and stated another 35 days then cancelled 34 days later again then when i complained state that NO CONTRACT IS MADE UNTIL GOODS ARE DELIVERED.

 

If you didn't do this then you would have a hard time showing that they were in breach of contract and therefore you would have no entitlement to damages (the standard remedy for B of C). If you did this then you can claim for any mitigated losses.

 

 

So why did they take my money if there is no contract in place ??? surely that is theft ??? if i took money from your bank i would be tried for theft as i have no reason to do so ie no agreement/contract to remove funds from your bank. I gave homebase permission to remove funds from my bank on the agreement that they delivered a sofa. they didn't deliver the sofa and now state that there was never a contract to deliver the sofa so why did they take my money ???

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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no not that i know of, surely to purchase on credit there is a finance company and a credit agreement for what ever you are purchasing etc, to buy on credit card you dont have that you just have additional protection from the credit card issuer is case of an issue etc.

 

I only bought it with my credit card to gain that bit of protection etc.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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So why did they take my money if there is no contract in place ??? surely that is theft ??? if i took money from your bank i would be tried for theft as i have no reason to do so ie no agreement/contract to remove funds from your bank. I gave homebase permission to remove funds from my bank on the agreement that they delivered a sofa. they didn't deliver the sofa and now state that there was never a contract to deliver the sofa so why did they take my money ???

 

I wasn't saying that there was no contract, just that until time was made of the essence there was no breach of contract.

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Homebase are claiming that there was no contract that is my point, they claim that there is no contract until they deliver goods but as they repeatedly put off the delivery they earn interest on your money while they fob you off with excuses.

 

They charge you for the items when you order them but then claim that no contract exsists until they deliver so surely if no contract exsists until they deliver should they not only charge you for the item once they have delivered or at the very least dispatched ??

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal Experiences/Mistakes lol...

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