Barker Stonehouse/V12 retail finance. altering signed credit agreement

[marke32]

Hi everyone 

 

We've bought a sofa and bed two months ago and paid £750 deposit. We've just signed the credit agreement and returned it, after going through the figures with their sales office and have them in writing. 

 

We have just had a call now saying they've made a mistake and they want to change the agreement. 

 

Can they do that? 

[marke32]

Hi everyone 

 

We've bought a sofa and bed two months ago and paid £750 deposit. We've just signed the credit agreement and returned it, after going through the figures with their sales office and have them in writing. 

 

We have just had a call now saying they've made a mistake and they want to change the agreement. 

 

I have read the agreement and there is nothing that says they have the right to alter or amend 

 

Can they do that? 

[Ell-enn]

Did they say what part they wanted to change ?

[marke32]

Yes the part where we have to pay more money. They've basically worked out the finance wrong, despite going over it with us. Now we've signed the agreement they want to change it so it cost us more 

[dx100uk]

who''s the company and whose the finance with, actually? you might find they are not the same lot, but a large bank/finance house etc in the small print anyway.

 

i would like to think as you've signed it and so have they its now binding, just think if you wanted to change anything like the amount paid £pcm, would they allow you....i bet not!

[marke32]

The company is Barker Stonehouse and the finance is V12 retail finance. 

 

We have an email saying the finance agreement has been signed by both parties and is complete. 

 

Barker Stonehouse are now saying they made an error and calculated it wrong so we have to sign a new credit agreement. 

[Homer67]

Are you already in possession of the goods?

[marke32]

no they're being delivered Tues. They've said in their terms and conditions it says they have the right to amend before delivery. However the lady on the phone couldn't actually find where it says that and we've checked and it definitely doesn't say that 

[marke32]

Hi everyone 

 

Sorry if this is a bit long winded 

My partner and I purchased a sofa and bed from Barker & Stonehouse. We paid a deposit and signed the invoice. However we didn't sign the credit agreement until 2 wks before delivery. 

 

When they sent the credit agreement through my partner questioned it 3 times and they said it was correct so it was signed by both partied. 

 

Then a wk later they phoned and said they've made a mistake and were changing it. We questioned if they could do this as its legally binding. They said it was it their terms and conditions that they could change it before delivery. Basically if we didn't sign it we wouldn't receive our goods. This was just before Xmas and we'd moved into a new build with no furniture. 

 

Subsequently it turns out it is not in their terms and they've said because we signed it we agreed to it. 

 

We disputed this because they lied and basically blackmailed us into signing it. 

 

We said we would complain to the ombudsman and all they've done is send us the invoice signed by us which matches the revised agreement. 

 

My question is should they honour the original credit agreement? 

[dx100uk]

Need some dates please and what is your issue with the new compared with the old?

 

Dx

[dx100uk]

Three rhreads merged on same issue

please keep to one thread

 

dx

[marke32]

Hi 

 

Which dates? 

 

The new one is £750 more expensive than the original credit agreement, but matches our sales invoice. 

 

 

[dx100uk]

when did you received the goods

what date did you sign the new agreement.

 

how has this extra £750 been calculated?

 

show the diff between the 2 agreements please 

maybe scan them to PDF after redaction.

read our upload guide carefully.

 

dx

 

[marke32]

we received the goods on 16th Dec and signed the revised credit agreement a week earlier. 

 

I'm at work at moment so don't have the credit agreements with me. 

 

But from what we can see they took off our initial deposit of £750 twice from the balance 

[dx100uk]

ah good so might be an easy sorted answer.

get the scans done and then we've proof.

just hide all your pers details and ref numbers but leave all dates/figures intact.

 

thanks.

 

dx

[marke32]

I'll do it this evening, thanks 

[marke32]

I asked my partner to give me the original contract.

 

Unfortunately they were accessed via a link.

 

Barker & Stonehouse have now removed the original contract and its just linked to the amended one.

 

I guess there's nothing we can do now 

Edited January 18, 2022 by dx100uk
spacing

[dx100uk]

if they deducted your £750 deposit twice we dont need the old one?

if this is true, then i can't see an argument for you, it was a human admin mistake?

[marke32]

My point is we signed a legally binding contract. We asked them 3 times to check it, was told it was correct so signed as they did. 

 

They then said it was wrong and changed it. What is the point in having a contract if a company can change it whenever they please? 

Edited January 18, 2022 by marke32

[dx100uk]

its not as they please, it's an admin error that would quite easily be explained and believed in a court of law.

they wrongly added your deposit twice.

 

look at it the otherway, you would have been quite happy if they'd got it right 1st time around and if the boot had been on the other foot and they hadn't deducted your deposit at all, you'd soon be on their case.

 

i can't see you've got anywhere to go IMHO.

 

sorry

 

dx

 

[marke32]

 They would probably turn round as say what we're saying though, and that it was our responsibility to check the agreement. But yes I hear what you're saying. Thanks for your input and help it's much appreciated