any consumer law experts on here??

[renton608]

I think the problem is that when we went in originally we had just come from dfs where we had seen a nice right angle corner suite we liked but thought we would have a look at this other place.

 

At the time we spoke to the manager and a sales person and told them what we had seen in dfs and did they have anything the same they could show us.

 

the manager then said they had something but didint have the exact suite in the showroom but had the chaise lounge version in the showroom.

 

he showed us this suite and we asked him if they could definitely get this same in a right angle corner and he said "yes,but let me go and check" he then came back with a headed compliments slip with the name of the sofa and all the dimensions and sizes of the bits we needed to order, he told us to take this and go and measure up to make sure it would fit, we did that and returned to the shop within the hour to place the order.

 

everything from the compliments slip was transferred to the order except the sizes, so where it said on the slip...... 1 x corner unit @ 1metre square, the order just said 1 x corner unit.

 

The compliments slip was stapled to our copy of the order form though and its in the same handwriting as the order as the manager wrote them both out.

 

so yes they have delivered a corner unit ,just not the one they said it would be in the frost place and this new one doesn't fit in our front room as its 1.6metres by 1.6 meters and arc shaped so there is a massive gap behind it which defeats the point of having a corner sofa.

 

i explained this to the chap running the shop in the managers absence and he just said , "you ordered a corner unit and you got a corner unit end of"!!!! he also said we wont collect it and you are not getting a refund.

 

how do you think this would stand up in court then??

 

anyway thanks for your help !!

 

steve

[kiwee]

Hi Steve

 

Do you still have the compliment slip with the measurements on? If you have that you might stand a chance but you will have to go to small claims court to prove all of this.

The Problem is because they have not clearly stated the measurements on the invoice and just put a corner unit they try every possible way to get away with it because they are taking your trust and you the customer are trusting them.

 

The Attitude you have describe sounds very familiar, First thing you need to do is put it in writing to the Manager at the Shop and explain the situation of the corner unit, that it was not the correct one you ordered in size and give him 7 working days for a reply or even 5, await for the reply and see what happens then,

Then if you get no reply send another letter telling them you are going to take them to small claims court and charge them for storing a corner settee of no used to you and all the cost for all correspondents and time of work and anything else as long as it is reasonably to the small claims court and also the court costs too.

 

I bet you as soon as the court date will appear they will cough up and collect or produced the correct goods, don't forget keep all copies off correspondents and also send them to the credit card company as they can freeze payment and interest on the amount that's bee charge to you, hope all this Help's.

 

By the way, was the Manager White, Blond Hair, not short a bit long and Blue Eyes, smart wearing a shirt and Trousers with a London accents ?

 

All the Best Good Luck.

[renton608]

Hi Kiwee, thanks for the reply.

 

we have already sent them a letter under the sales of goods act ststaing the goods are as described and the are not fit for the purpose made known to therm. i beleive they have 14 days to respond to this.however this letter was just addressed to "the manager" as i didn't know his name at the time.

 

we have also sent our credit card company a letter under section 75 of the consumer credit act holding them jointly liable.

 

would it be worth sending the letter as you describe it above or wait until the 14 days has elapsed.

 

it has spoilt Christmas as we have nowhere to sit and the sofa is taking up most of the front room so we cant put the decorations up for the kids.

 

I have done some more digging on "the sofa specialist " , they dont even exist as a legal company, however a PRIVATE company, same location, same telephone number, and the name of ELS has been set up for the same address as "the sofa specialist"

 

isnt that illegal in itself

 

regards

 

steve

[renton608]

hi im after a bit of advice and im hoping someone can help.

 

we visited a shop to look at a product . we specifically wanted x product in a right angle shape, shop said they could supply us with a right angle as we wanted but needed to check, so the manager came back with a headed compliments slip with all dimensions of said product.

 

we used these dimesnions to go and make sure the product would fit in the area we wanted it to go.

 

using these sizes we realised the product would fit.

 

so we went back down the shop about an hour later to place order.

 

however none of the sizes were transferred to the order form just the piece we wanted to order.

 

however the headed compliments slip was stapled to our copy of the order so we still have it.

 

fast forwrd to saturday and product turns up with incorrect shaped piece and will not fit in the area.

 

we informed shop and they are saying tough, you ordered this piece , you got it. however its not the bit we were led to believed would be ordered.

 

my question is, if this goes to court can the compliments slip be used to fight our case as the manger of the shop just told me it would be laughed out of court??

 

please help

[bedlington83]

Like you've been told on the other threads that you've started, the compliments slip is evidence that will be weighed up by the judge along with all the other evidence. From my unqualified perspective I would say it's quite useful to you because, if they didn't agree to supply a unit that went right into the corner, how come you've got a compliments slip with the company logo that says that's exactly what they will supply.

 

I must admit to being a little confused about why you're taking legal advice from a furniture retailer that you're in dispute with and that has already proven themselves to be less than totally above board. You wouldn't go to a shoe shop for advice about your car so stop listening to this rip-off merchant and start believing the things that you are told on here, starting with this: Stop talking to the store in question and raise a dispute calmly in writing with the head office, concentrating only on the facts, at their registered address (which is probably on the compliments slip and should be on the invoice). Then pick one thread and update that with any questions

[renton608]

sorry about the double post im just really frustrated by the whole incident.

 

the sofa is taking up so much room in the front room and we cant put the xmas decs up for the kids and things are geting a little bit stressful between me and the wife.

 

i have had a reply from the so called manger, here is what i put on the other thread..............

i have just had a heated phone conversation with the sales man who was quite rude to us when we went into to complain about the sofa being wrong.

 

he is now saying that he is in overall charge of the company and that the person we had liusted as the md is not.

 

why couldnt he of said that at the time instead of saying he would have to get in touch with the so called md??

 

he is also saying that the headed compliments slip will get laughed out of court and that i have signed a legal binding contract (the order form ) which says we wanted to order 1x corner unit and that is what he has delivered.

 

how do you think this would stand up in court?? i have a headed compliments slip with the dimensions of the sofa we were led to believe the company were going to order for us, its in the same handwriting as the actual order as it was done by the same person(the shop manger)and it was ordered from them in good faith and trust that they could supply what we wanted. they havent.

 

they have then failed to supply us the correct sofa and are now back tracking.

 

also he has literally got off the phone to us now at 19.30 at night?? isnt that a bit strange?

 

he also had his phone on loudspeaker and had 3 other people in his office to listen to the conversation, trying to get me all tied up, surely this is entrapment??

 

i really do appreciate all the help i can get.

[Conniff]

No more phone calls. Write a letter giving them 7 days to correct, in accordance with the dimension as confirmed could be supplied, or cancel the order. Scan the compliment slip and enclose the copy. Send it recorded.

[renton608]

thanks for the reply.

we sent a letter doing that a week ago and the manger phoned last night to basically try to scare us into not pursuing this any further.

 

he said that as the dimensions are on the compliments slip and not the order they do not have anything to do with the order??

[Conniff]

Refuse to take phone calls, say you will only converse in writing.

 

Have you paid the purchase price and if so what method was used?

[perplexity]

...he said that as the dimensions are on the compliments slip and not the order they do not have anything to do with the order??

 

What's it to do with then? I am astonished by the cheek of it.

 

What's happening here is an attempt to mislead a consumer into the taking of a transactional decision he would not have taken otherwise which is a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008.

 

8)

[renton608]

thanks very much for the link.

 

i have had a long look at that and it does seem to me that they are breaking one of the parts of it by misleading me about the goods.

 

we paid part of the cost on our credit card and the rest by cash.

 

i have sent a letter to my card company holding them in joint liability under the consumer credit act, so far they have not replied, however the so called chairman of ths sofa company last night told me on the phone that he had sent a copy of the invoice to the card company already???? bit strange that they havent contqced me first thoigh dont you think?

[bedlington83]

Stop talking to them on the phone and follow the advice you are being given here. Have you written to their head office yet?

Edited December 8, 2010 by bedlington83
Grammar

[renton608]

hi thanks for the reply.

 

we worte to them last we and sent the letter via recorded delivery.

 

this is the reason the so called chairman of the sofa specialiast called us last night .

 

ive contacted consumer direct again today to expain what has happended and they are now passing it onto the local trading standards office. i should here from them in the next 3 working days.

she also said that i will probably need to take them to the small claims court.

[Kraken1]

you need to stop posting asking for advice and either follow the advice given, or ignore us and do your own thing. I suspect that if I trawled other consumer advice forums I'd see more of your threads.

 

They are not going to do anything so you need to decide if you are going to pursue this. I would suggest FOS in the first place, or suing. No-one here is going to give you a magical phrase that will sort this out - it is now down to you to act on the advice given or live with it. It is time to **** or get off the pot.

 

Don't rely on anyone else to sort it, and remember that the longer you leave it before instigating some sort of action the less likely it will be that you will win.

 

Ignore perpy - the consumer protection regs won't help you. You can't enforce them or take action on the back of them. Your claim is simple breach of contract.

[perplexity]

There is nothing to prevent any person who so sees fit, to lay information before a Magistrate to seek a summons to prosecute a criminal offence, and in any case

 

Duty to enforce

 

19.—(1) It shall be the duty of every enforcement authority to enforce these Regulations.

http://www.legislation.gov.uk/uksi/2008/1277/regulation/19/made

 

8-)

[renton608]

you need to stop posting asking for advice and either follow the advice given, or ignore us and do your own thing. I suspect that if I trawled other consumer advice forums I'd see more of your threads.

 

They are not going to do anything so you need to decide if you are going to pursue this. I would suggest FOS in the first place, or suing. No-one here is going to give you a magical phrase that will sort this out - it is now down to you to act on the advice given or live with it. It is time to **** or get off the pot.

 

Don't rely on anyone else to sort it, and remember that the longer you leave it before instigating some sort of action the less likely it will be that you will win.

 

Ignore perpy - the consumer protection regs won't help you. You can't enforce them or take action on the back of them. Your claim is simple breach of contract.

 

hi thanks for the reply, harsh but true i guess.

 

anyway i have done as suggested on here and sent letters to both the company and also my credit card company.

 

this was over a week ago, heard nothing from credit card company yet, but the phone call i got off the shop is there way of saying they are not willing to move on this.

 

consumer direct have now passed this onto our local trading standards ofice who i should here off within the next 3 days.

 

i have started to gather some info on how to use money claim online.

 

i am not going to be pushed around by this company.

 

thanks

[perplexity]

In order to be taken seriously the need is of course to go about it in a sufficiently serious fashion.

 

Otherwise, if you go to court with a complaint to make that is tantamount to an allegation of a criminal offence, the judge could want to know what you did about it and if no complaint was made to an enforcement authority it is not so unlikely then that the allegation is indeed "laughed out of court", so to speak.

 

At the very least therefore, I would send a written complaint to Treading Standards, referring explicitly to the evidence and the relevant legislation, in order to have as much as that to be taken seriously, as need be.

 

It is possible in any case that a judge could reserve his judgement, pending the outcome of an official investigation, so it makes no sense to avoid the event if that is what some would rather you do.

 

8-)