Consumer rights type query

[Tom M]

Hello all,

The sorry tale begins back in Jan when we ordered two sofas that were being made to our spec from Exclusive Leather sofas in Cannock. We paid a £200 deposit on credit card, with a pay the remainder of the balance in a year credit agreement. We were told that the expected delivery time would be around 16 weeks, but probably would be less. We accepted this as they were having to be made to our spec in Italy, and were told verbally it usually never takes that long. However, still no sofas!

We basically are getting nowhere with them as to when they will be arriving. We only seem to get to speak to an admin type lady there, who we feel a little sorry for to be honest as she's the one getting all the flack. They claim they are having problems with the company in Italy, and cannot get a delivery date, except they just keep saying it might be delivered on x day over multiple weeks.

We were beginning to lose our patience somewhat and my wife raised the possibility of a refund with the admin lady who said it was the director's decision to sign off refunds, and we had to submit a written request giving 14 days notice. This was done, stating basically if the sofa turned up, then great, but if not we expect a refund. These 14 days are up on Wed this week.

Anyhow, to cut this increasingly long story short we are not entirely confident of getting a refund and out of the credit contract if no sofa (still no idea where it is...). The smallprint in the contract details state that "Delivery outside the date quoted will not be accepted as a breach of contract". We have also seen some comments on another consumer rights forum that suggest they are not the easiest bunch to deal with by any means.

In our view, they have not delivered what they promised, and can still give us a date when they can, at what is now 22 weeks after order. I would think this is a breach of contract, but the small print (I know!!!) suggests otherwise. Are we at a dead end?

Not as worried about the £200, but more the credit agreement.

All thoughts appreciated!

[rogerzilla]

Normally you send them a letter saying that "time is of the essence" and giving them a firm date by which they should deliver or cancel the contract.  If they try to use the wording to wriggle out of it, tell them that you consider the terms of the contract are unreasonable and that you are willing to take them to the small claims court to test this.

[Little Jim]

I think that Roger is right.  If the contract terms are unfair then the whole contract is void.  Are they seriously going to suggest that they are within their rights and within the contract to deliver the sofas in five years time? - which is what they seem to be suggesting with their terms and conditions.

Tell them to produce the sofas or your money by X, otherwise you will see them in court and will be claiming for your deposit, plus interest at 8.25% pa (8% over base rate) and reasonable costs in persuing the money/sofas to date, together with the court fee, and also talk to the credit card company as they are jointly liable for your £200.

[Eccentrica Gallumbits]

There was something in the paper the other day about a man who lost out on a credit agreement, even though he'd returned the goods as being unsatisfactory. The credit agreement is separate from the purchase transaction, and even though he'd returned the computer to the shop, he still had to pay out on the credit agreement. He went to court about it and lost.