Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Sofa contract help!

11 replies

thanksforthememories · 05/10/2013 21:21

Hello, hoping someone can help..

I ordered a few days ago a sofa from a large company. Signed up for the 4 years credit etc. he was getting all the paperwork when he handed me a computer to listen to all the t&c. I was trying to control toddler dd at the time so wasn't giving it my full attention (my fault I know). Got text that night to say credit accept etc. next morning due to personal circumstances i realise that I can no longer afford this couch and I call the shop to try cancel the order. Sales advisor I dealt with not in and told he would call me the next morning. Nothing the next day so I phone again and tell him that I wish to cancel my order. Straight off he says I can't. I tell him that I simply can no longer afford this couch and I'm asking that it be cancelled. Said he would need to speak to his boss and will phone me back.

Finally a few days later, I finally manage to speak with him. He says unless that I now have proof that I can't afford this, I can't cancel. I ask him what my options are. He says that as the couch is already in production, he can try to see if anyone else has ordered the same one and he can pass it onto them and in 6 months time, I go down to the shop again and look for something else. He says I will have an 'account' with them through the form of the credit account that was first created. They will honour the couch I picked if at the time they no longer offer it or I can pick something else if my needs have changed.

The t&cs of the credit agreement state that I can cancel it within 14 days no questions asked. If I get the shop to agree to the above suggestion in that they pass that couch to the next person to order it and I go back when I'm in a financial position to order again, can I phone to cancel finance and just never go back to order anything? They way I see it I simply have a credit account created but nothing is ordered so if the credit it shut down then there is no contract with the sofa shop?

Before anyone says it, yes I know this was all my fault. It's the first time I've ever bought a sofa from a shop, and I guess I just assumed that these things had a 'cooling off' period.

Btw, regular with just a nc.

OP posts:
lougle · 05/10/2013 21:38

I think it will depend if the credit agreement is stand alone or as part of the sales contract of the sofa.

Worst case scenario is that you cancel the credit agreement, but still owe the sofa shop for a sofa that you ordered and haven't paid for.

Can you say or PM the name of the company?

lisad123everybodydancenow · 05/10/2013 21:42

This reply has been deleted

Message withdrawn at poster's request.

lougle · 05/10/2013 21:44

For example, CSL say:
"These goods have been confirmed in a contract between yourself and CSL and you have no statutory right to return them unless they have a defect.

If you wish to cancel your order completely and this is agreed by CSL, you would be required to pay a standard fee which is 30% of the total order value."

SCS says:

"Almost all of our sofa Products are bespoke and handmade to your specification and we cannot therefore accept any returns or exchanges unless the Product is defective. As such, once your order has been confirmed by us you will not have any right to cancel the Contract or return the Product after delivery unless it is defective. Please carefully consider your decision to place an order before doing so. We strongly recommend that you visit an ScS store to check the colour, feel and range of other sofa options available before you buy."

lougle · 05/10/2013 21:45

lisad123, that's true, but the issue is that she may still have a contractual obligation to pay for a sofa. If she couldn't afford the credit, she couldn't afford the sofa, so there will be a debt.

thanksforthememories · 05/10/2013 21:51

It's all just a mess and I'm stressing myself out trying to figure out how I can get out of this :(

Lougle - without saying their name, think Dog Fish Sugar

OP posts:
lougle · 05/10/2013 21:52

This thread may be helpful.

Someone there had a similar issue. They canceled the credit and then asked to cancel the order. Read that thread.

thanksforthememories · 05/10/2013 21:55

I can phone the credit company on Monday morning and tell them to cancel the agreement, says I have 14 days to do this. It's then up to me to find the 1K for the sofa, but from talking to him today, he said he can try pass the sofa off to next person who orders it with the understanding that when I'm in a better position that I go back and either re order the same one or pick anything. They still get the business and I still get my couch! (His words).

But I'm thinking if I cancel after he agrees to switch the couch order to someone else then if I just don't go back to order another one, is there anything still connecting me with them?

OP posts:
LovesBeingOnHoliday · 05/10/2013 21:55

Let me that this very clear, he does not want you to cancel as he will lose tge commission. Go in there tomorrow in person and ask for tge manager and cancel it.

thanksforthememories · 05/10/2013 22:02

If I go in to the shop in person I will end up crying! I'm terrible at that sort of thing.
Ill phone and ask to speak to the manager and try plead my case to him :(

OP posts:
thanksforthememories · 05/10/2013 22:02

Do you think if I even offered to pay an admin charge to cancel?

OP posts:
thanksforthememories · 06/10/2013 13:20

I've sent head office an email this morning explaining everything. Fingers crossed for a reply

OP posts:
New posts on this thread. Refresh page