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Original poster

Help! Harveys Won't Give Me My Money Back

50 replies

Quootiepie · 12/01/2007 17:33

I bought 2 sofas, guarenteed Christmas delivery that haven't arrived, was offered £300 and they finally came January 9th. Thing is, the big one wouldn't fit (although we have had bigger before ) and they didn't try the other one... but we thought it might fit so changed the order to two two seaters. BUT, they have decided the offer of £300 was for the origional order only, so we just want our money back - but they won't give it back! No sofas and no money - what do I do? Considering they broke the contract first....

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speccy4eyes · 12/01/2007 17:37

Before you go any further I'd speak to your local Trading Standards office to see where you stand legally. I've always had good advice (and free of course) from them and if you're legally in the right they'll back you all the way.

speccy4eyes · 12/01/2007 17:38

Of course TS will be closed until Monday now so you might want to tell Harveys that you'll be speaking to them first thing Monday - just telling them that (speak to the Manager of course) may be enough for them to be more accommodating.

Original poster
Quootiepie · 12/01/2007 17:42

Trading standards say they have broken their contract BUT because the sofas were delivered, they don't have to give the money back. But, in my eyes the contract was already broken. They weren't even our sofas, they were someone elses who couldn't take delivery yet. Rung the store manager after customer services kept me on hold until after closing, and he said he didn't think I should have my money back, but would talk to his boss and ring me monday. I'm so angry! Guarunteed before Christmas was one big con, and it seems if they don't deliver (literally!) it doesn't matter.

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LIZS · 12/01/2007 17:53

But you did agree to the £300 against the original order to compensate for late delivery so think you are probably deemed to have accepted their revised contract. Where are the sofas now ? Have you spoken to TS since 9th ?

SoupDragon · 12/01/2007 18:15

Also (devils advocate here) I think you're responsible for making sure they fit before ordering.

LIZS · 12/01/2007 18:25

Good point Soupy and iirc you did worry the larger one was too big for the room when you ordered it. What are the terms and conditions of the contract for amendment/cancellation ? Sorry it is a pita, perhaps they will do something out of goodwill otherwise.

jangly · 12/01/2007 18:36

BBC Watchdog might be interested. They investigated a complaint against them in March last year here , and are investigating another case about them at the moment.

beckybrastraps · 12/01/2007 18:38

When we ordered our sofa we were told in no uncertain terms that we had to be sure they fitted, because once we'd placed the order that was that.

Original poster
Quootiepie · 13/01/2007 06:08

But if they don't refund if it doesn't fit, why did they take them back aswell? One of them would have, but they didn't try that one... I did measure, and these are smaller than the ones we took out - it just took us about an hour to get the old ones out. Intresting article - thanks. I shall print that off and show it to them.

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Munz · 13/01/2007 08:18

but if you don't have your money, and you don't have your sofa's they're however much beter off and have surely taken your money - you should have your sofa's at the v least to sell on if they don't fit in your house as you have paid for them - or am I thinking of that wrong?

Original poster
Quootiepie · 13/01/2007 08:22

Well, I told DH to just say when they arrive they are unacceptable quality or something and send them back for a refund... but they have taken the sofas and the money! Can't do a thing until Monday, all that money they are making intrest on

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LIZS · 13/01/2007 10:25

How have you paid for them ? If cc you may have other protection.

Original poster
Quootiepie · 13/01/2007 10:27

Paid via a debit card, in full. Bloody theifs.

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Freckle · 13/01/2007 10:35

Can I advise people (sorry QP, too late for you) that, if you are making a major purchase, to please use a credit card rather than a debit card? Credit card companies are obliged by law to offer additional protection, so that, if there is a problem with the goods and the supplier is a fault but won't cough up, you can claim the money back from the credit card company.

In my view, they have breached a legally binding agreement. They promised delivery before Christmas, but failed to deliver. They offered you £300 compensation for this. They have failed to pay. The issue of the big sofa not fitting is separate from this.

I would threaten them with Trading Standards and also with naming and shaming on a website visited by 250,000 people (is that per day, week??), but anyway, by a lot of people.

Original poster
Quootiepie · 13/01/2007 11:00

Threatened them with trading standards, they are sort of involved, AND ive been to the local paper who are going to run a story now about Harveys. They just aren't budging. I wouldn't care so much if they said "no, you've oredered the sofas, we are leaving them here" but they have taken them back and not refunding me... and in my eyes the contract doesn't exist because they broke it. And were allowed to break it! It obviously meant nothing. You cant MAKE them give you your money back... good mind to go there and protest outside the doors but i'd get arrested

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Freckle · 13/01/2007 11:16

So you sue for breach of contract. They have your money and the sofas.

You can issue a claim in the small claims court online.

Send them a letter requiring them to refund your money in full or to deliver the goods as ordered within 7 days, failing which you will issue proceedings.

beep · 13/01/2007 17:59

you could try this

MerlinsBeard · 13/01/2007 18:05

its not making sure they fit in the room, it making sure they fit thru your door that you have to do. The £300 would have been compensation for the fact that they weren't delivered by xmas and therefore their contract was revised.

You need to read your contract properly before you threaten them with anything

SoupDragon · 13/01/2007 18:12

They should not have taken the sofas away and kept your money. bit, with my devil's advocate hat on...

Did you accept the £300 compensation for the delivery delay? If so then they have not breached the contract in that respect at all. I would also imagine that they are within their rights to apply the full £300 to only the original order but maybe they should have given a reduced amount seeing as you wanted half the original order (and presumably 2 smaller sofas costs less than 1 big and 1 smaller one so the propsed new order is of less value to them).

I hope it all gets sorted on Monday. Can you work out what % th e £300 is of the original order and apply that to the value of the new order and see if they'll go for that?

Original poster
Quootiepie · 14/01/2007 05:33

Soupy, try as I may I cannot make out your post. Might be the early hour As I said, if they had dumped the sofas at the front door it would be a different matter, but as they wouldn't fit (although they barely tried) they just took them away. They can't expect me to pay for something I don't have? I have a good mind to do a sit in like that woman, but the store manager can't get my money (so he says). They didn't even delivery a temporary sofa like they said they did for other over Christmas. I have a good mind to sue them for breach of contract for not delivering as they said... they can't come back at me because I didn't want them to take the sofas away! I was going to put them in the garage and get someone else to try. They make me so mad!

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Original poster
Quootiepie · 14/01/2007 05:34

*others

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littlerach · 14/01/2007 07:14

I think that as you accepted the £300 then that made up for the loss of delivery.
If the sofas didn't fit then you should have been offered the chance to keep them elsewere. Delivery drivers often won't try too hard to get them through the door because if they damage your door frame then they will get a complaint fo rthat.
Your best bet for now is to contact Customer Services at their Head Office and tell them exactly what has happenend and what you would like them to do to resolve the situation.
It is your responsibility to ensure that furniture can be delivered to you, and that it will fit through your door or window frame. It will probably state this in your contract.
The store manager may well not be able to refund you, as HO will probably have to authorise it. H ewill also lose his commission.
I used to do Customer Services for another furniture store and furniture not fitting was a common problem.

Original poster
Quootiepie · 14/01/2007 07:16

But they already broke the contract. The contract might as well be loo roll for all the attention they paid to it... I can't see why it's one rule for them, and another for the customer. It went in the door, but just not up the stairs (weird house).

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nappyaddict · 14/01/2007 07:28

they were on watchdog a while back,they might be able to help you if you contact them maybe?

watchdog

Original poster
Quootiepie · 14/01/2007 07:29

lol, same link as before, but thanks

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