[Closed] consumer rights help needed please!! wrong sofa delivered!

here is a link to the correct looking sofa.....

http://www.csl-sofas.co.uk/checkout/index/Maxim

scroll down and its the top corner unit you come to.

Same rights as with anything, if it's on the invoice then you'll be fine as you've got proof of what was agreed. Tell them you want a full refund or will go to small claims/cab/watchdog.

Write them a letter detailing exactly what you've been told so far and what you want doing.

Give them a time scale, say 28 days to put things right. Make it clear if they don't you'll escelate it to the small claims court.

If they reply saying they'll make up another corner unit then obviously that'll be longer than 28 days but is probably reasnoble.

Probably best to instruct them to remove the current sofa ASAP so that they can't claim you've damaged it.

does it matter that its only a quick diagram of what the correct sofa would look like??

p.s. how big is it, we need a corner sofa...............

well the correct sofa should of been 2.55 metres by 3.15 metres

Why did you accept it if it was wrong?

TINAS has got the correct advice. Do it properly with copies of receipts etc. Never pay cash in future always do credit cards as it has consumer protection.

Why did you accept it if it was wrong?

Indeed. The first thing you do is check it and don't sign for it if it's wrong....
And always pay for stuff like this on a credit card too. They have their uses....
Too late now though.

Give 'em some stick. Make threats and follow them through.

PS I have the address of an online solictor who will issue letters for a couple of quid. I'll find it in the moring on my work puter.

Has to be worth talking to trading standards too.

all the details of how to handle it here

http://www.which.co.uk/consumer-rights/sale-of-goods/returning-goods-your-legal-rights/how-to-complain/

thanks all!!

my wife has just told me we paid about £800 on the credit card as the deposit. we paid the rest cash as they placed a 2% charge on balances paid by credit card.

i took it as the delivery men already had it in the door before i noticed it was wrong and said just pop back down the shop and explain to them and they will have it picked up.

i signed for it all unchecked and its still wrapped up in its packaging.

This may be of use as well:

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_goods_your_rights.htm

HTH

If you paid the deposit on the credit card then you are in luck.

The credit card company is now responsible and involved in the sale.
Doesn't matter if you paid in cash or not for the final payment.

Thanks for all the replies!!

I went into see them today and they are refusing to budge on it , they are saying that on the order from i wanted a corner unit and they have delivered a corner unit.

the little diagram which is on my order form isnt on theirs ??

wife has been crying all day as they are basically saying tuff!!

Renton - dont expect to get accurate advice on an internet forum full of ill informed MTB'ers.... 😉

Phone this lot to lodge a complaint and get proper advice on your rights and the best course of action - http://www.consumerdirect.gov.uk/

The order form you have, is it a photocopy?
Does theirs have your signature on it? Does yours have theirs on it, etc? Maybe they've just put together a new one to try & hide the fact they've mucked up.

Mate small claims it's the only way. District judges almost always fall on the side of the small guy, or they haven't got the balls to make a decision so they split the claim down the middle (therefore inflate your claim)

Does your home insurance have legal protection or a legal element, some do If it does ring them for advice as it will be included, we've used it a few times as it means you can position your letters and statements with the correct wording, usually you get call from a duty solicitor quickly. We have had 100% success this way. But you must get proper advice and follow the process.

Goods legally have to be "as described." They aren't. They're breaking the law. I'd be pursuing a refund.

thanks all, spoke to consumer direct and they have advised me to write 2 letters,

one to the company basically about the sales of goods act and that the item is not as described and that i want a full refund.

the other to my credit card company about section 75 of the consumer credit thing holding them jointly liable.

both letters going into the post recorded tomorrow!!

fingers crossed

the diagram is only on my order form as i think it was drawn on about an hour after placing the order for my piece of mind as i was going away for 4 months and the wife would be looking after it.

dimensions are on a compliments slip which is what they (sales chap and store manager) gave us to go and measure up with, this slip is attached to the order form.

Sounds like you've got the upper hand to me mate, give 'em some stick!

i was that wound up ealrier i felt like making a sign up and sitting outside the shop!! saying do buy from here.......... i was too cold though!!

You need a full bladder, the salesmans shoes and a set of classic Marzocchi forks - sorted.

Try the Furniture Ombudsman - yes there really is one. Part of FIRA International www.fira.co.uk

WTF is wrong with furniture companies?
SCS tried to tie me into a sale telling me I could cancel if I pleased. I found something that I preferred and cancelled. They still tried to deliver the sofas (2 months late). I was lucky as I had spoken to the bank and they just told me not to accept it and there was nothing they could do. SCS were proper nasty about it though. avoid.

Letters have been sent recorded delivery today to both the card company and the sofa people.

Ive noticed that on my credit card receipt the company is ELS ??

has anyone heard of these people?

cheers

steve

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??

Sounds like a senior salesman cacking his load (at his mistake) trying to get you to back down to me...

95% customers can be basically told to shut up or fobbed off - with that other 5% you bluster and bluster then back down like crazy once they get serious.

carry on as you are, you did order a corner sofa, but you ordered it a certain size (can you cache the website page as extra proof?) and that size is listed on the headed paper.

yep keep notes of everything phonecalls ect,they know they are in the wrong as they are coming in so heavey handed hoping you will back down. have always used Furniture Village myself good back up service too

well just an update really.

ive been waiting for trading standards to call me as the girl from consumer direct said they would and then today i get a call from another person at consumer direct telling me that trading standards wont get involved afterall as i can still persue this myself as im not infirm or old etc etc!!

to say im shocked is an understatement!

still waiting for my statement and copies of the invoice to reach the credit card company before they decide what to do .

do you think its worth getting advice from a solicitor now??

What's the company name and where are they based?

I think I'd be lookign at getting the local paper involved;

"Disgruntled customer of X in wrong sofa shocker"

well, maybe not quite but I think you should be pusuing in this order;

1) credit card company - they have equal responsibility as card company - if nothign else them contacting sofa people may make them think twice as card company can just take money back from them.

2) local CAB.

3) local publicity/going in there on a regular basis (when they are busy) and making a fuss (not shouty, but in a clear firm voice explaining the problem and asking how they propose to resolve it).

Are you using the stuff they delivered?

You any idea who actually makes the sofa? Is the shop a chain (assuming the CSL link was just an example of the product rather than who you bought it from)?

Chances are its shipped in from China and they don't have any spare corner units.

company name is "the sofa specialist" based in droitwich, worcester.

www.yessofa.co.uk

the sofa is still all packaged up and its taking up most of our front room at the moment.

we have nothing to sit on and have had to cancle christmas dinner this year as we have nowhere for people to sit afterwards!!

still waiting for my statement to reach the credit card company before they decide if they will refund us or not.

****ing livid i am and relly want to go and smash the shop up but reality bites and i realsie this is not the way forward!! 👿

els the sofa specialist in droitwich now yes the sofa specialist
Can any one help? I was wondering if any one else has had problems with ELS the sofa specialist in droitwich spa now known as yes the sofa specialist. to ...
www.consumeractiongroup.co.uk/.../showthread.php?...sofa-specialist... droitwich...sofa-specialist... - Cached

This yours? If not, appears you are not alone...

ive replied to that thread yep!!

we have nothing to sit on and have had to cancle christmas dinner this year as we have nowhere for people to sit afterwards!!

You're in danger here of punishing yourself

Hire a van, deliver said sofa back to the shop
You & a mate walk straight through the door with it & get another one to film it, it'll be in there before they know what's happening.
Give them the rejection letter

Now go & buy a cheap sofa from the local auction house & reinstate Christmas, in the New year, resume battle with the shop

you should buy the url for nosofa as a proest site. A bit of decent text and some work on seo and you'd be up there with them on google.

[edit] uplink has a point - busy saturday and you turning up with rejected goods, you could get them on the shop before anyone cottoned on.

And if you don't get through the door, plonk it down on the forecourt right in front of the entrance and sit down with a big notice saying 'for sale, brand new sofa, wrong one delivered but can't get a refund'.

You could ruin an afternoons trading for them 🙂

Seriously though, good luck. You'd think they'd just take it back and stick it in showroom. I suppose they know they'd have to sell it cheap in the January sales.

Send official letter stating:
Not as ordered
Not fit for purpose
Charging them storage at £20 per day

Big john ive laready sent them a letter saying not fit for purpose etc and they have just laughed it off!!

Surely a rounded corner will also fit into right angled corner, just with a small almost triangular shaped gap when pushed flush against the wall. Sounds like you ordered a sofa that is too big and are now trying to pick faults with the corner thing rather than the size.

Nice 1st post there teaandslippers

You don't happen to work for a 'fly by night' West Midlands furniture emporium by any chance do you?

sounds liketeaandslippers knows more than they're letting on.

I'd love to know the IP they're posting from...

the invoice also had measurement on which showed the right angle corner bit to be a metre square, the bit that turned op is 2 metres wide and just wont fit in our front room.

Holy ****

http://csl-complaints.co.uk/csl-sofas-complaints

[i]Surely a rounded corner will also fit into right angled corner[/i]

I can't find any reference to a rounded corner in the OP's posts?

Who are you teaandslippers? do you work for [url= http://www.yessofa.co.uk/ ]http://www.yessofa.co.uk/[/url] who 'pride themselves on giving you the sofa you want just the way you want it!!'?

sounds liketeaandslippers knows more than they're letting on.

Registered today and first post. Care to explain yourself?

[pulls up chair. A leather one, with a rounded corner no less]

Yes, i'll explain myself. Lurk in the background as not really a forum person but there is a lot of good information and reviews on here so dip in from time to time.

This post just struck a chord as I had a very similar experience in that I ordered a sofa and when it arrived realised it was too big, couldn't open my lounge door properly, on checking the order form realised it was my fault and as it was made to order I could not get a refund. Had to suck it up and sell it on. Thats all, didn't mean to start anything off as I know how annoying this situation is. And no, I don't work for Yes Sofas, and hope you get it sorted.

Earl gray with sugar and a squeeze of lemon please I've got a cold.

Chocolate hobnon JonV?

teaandslippers, appears to me that you have some connection with this, as mentioned, how do you know it was a rounded corner ?

Also your name appears to be Jon under your profile, not Jon Fisher from ESL\Yes Sofa by any chance, as named and shamed in post number 5 here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?276793-EXCLUSIVE-LEATHER-SOFAS-LIMITED-winding-up-order&p=3226821

Coincidental ?

...how do you know it was a rounded corner ?...

Maybe because the OP says so on line 3 of his original post 😕

Renton, go and see a solicitor soon as poss, 1st hour is free and they will put you on the right track,
Don't listen to whoever he ^ is cos that's nackers, you ordered a sofa a certain size and they didn't deliver and you have proof on your order form, kick up a almighty stink and don't let em bullshit you
Good luck

and you have proof on your order form

but they don't on theirs...sounds like a salesman just drew it on afterwards. How can he prove the salesman drew it and not that he just added it recently?

One word against anothers surely?

😳 Teach me to read posts properly !

tragically1969, as dooosuk has highlighted rounded corners were mentioned in the original post. I can assure you I am not Jon Fisher from the sofa shop, just another Jon and have never even heard of the shop in question.

I really only commented as I had the same problem but had to admit (much to my own frustration) that I had not read the sales order correctly. I really do hope the person with the sofa gets this sorted, and as he states that it was all Ok when he ordered it and that an incorrectly sized sofa has been delivered then he should have no problems getting the sofa replaced or a full refund. I really didn't mean to stir things up, I just know from experience that it's easy to get sizes wrong.

Good luck.

right ok lets get this straight...............

we went into DFS and saw a sofa in there which was ideal for us in that we wanted a proper right angle corner sofa to go into the corner of the room as we had a 2 seater and a 3 seater butted up ata right angle and the gap between them was just useless space.

the suite we seen in DFS is called the linea........

http://www.dfs.co.uk/sofas/sale/linea/

before we ordered this we went over to this other shop just to see if they had anything that would be the same....

the salesman said he had just the the thing and it was called the roma.

the suite he had in the shop wasnt a right anglet corner but a chaise lounge thing but he assured us he could get it in a right angle corner and not a rounded corner.

he went off to check and came back with the mamager who had a headed compliments slip on with the sofa name at the top and then all the dimensions of the seperate bits on it.

the corner is listed down as being 1 metre square.
the 2 seat part is 1.55m
the extension piece is 60cm

our room is 3.5 metres wide so we placed the order for the corner piece, the 2 seat part and the extension piece which would measure up to 3.15m in thier sizes.

with this in mind we decided to place the order as it would fit.

so we went down to plce the order and everything apart from the dimensions was transferred onto the order form.

however the compliments slip was stapled to the order form.

it is also in the same handwriting as the order form ... the managers.

we placed the order and about an hour later we wnet back down to change the colour of the feet from metal to dark wood which they said was no problem and ammended our order form. they also drew a little scketch of what the soaf will look like when it comes.

fast forward to delivery day and everything with the sofa apart from the corner piece which is doulbe the size of what we ordered, due to this the bits we ordered will not fit along the width of our room.

i measured the corner and placed tight into a corner it measure 1.7 metres by 1.65 metres and the gap behind it is massive and defets the object of getting a corner.

also the feet are also still metal and not wood as we ordered.

the shop are bascially saying tough!!

they have broke the law by saying they could get the bits we wanted and then have failed to deliver what we placed the order for in the first place.

the shop are saying that as the sizes are on the compliments slip and not the order form it would get laughed out of court??

hope that explains it better.

Don't believe a word the shop says, they are trying to intimidate you. Get a solicitor and get your money back.

Well tell them it's got the wrong feet and you want a refund.

🙂

tragically1969:

teaandslippers, appears to me that you have some connection with this, as mentioned, how do you know it was a rounded corner ?

You're fired from the force.

No reason you can't return it for the feet problem, just ask for a refund as the goods are not as ordered
No argument there if its clearly shown on the order form, if they come from China not like they can offer a replacement here and now

have you contacted your credit card yet as you paid the deposit on that, as long as it was more than £99 they are also drawn into the contract

actually i have just had the chap come round the house, he has siad that as a one off they will get the sofa manufacturer to make the corner unit we asked for.

he said he if we still want a refund then he is happy to go to court still ??

what do i do?

Call his bluff. Return the sofa along with a small claims court whatever it is called.

It look almost sorted, but you have to decide whether you want to punish the shop (and have a right load of hassle with solicitors, courts etc) and return the lot (and have nothing to sit on for Christmas), or swap the bits that are wrong and everyone walks away partly satisfied. Get the shop to give you a timescale to swap the incorrect bits, and maybe use this as a decision maker - I think you said you ordered in June, so waiting 5 months for a replacement part would be unreasonable)

I would go for an easy life, and swap the bits that are wrong (and there is a risk that if you turn down this offer, a court could say you acted unreasonably). But then the vengeful bit of me would feel unsatisfied.

Fast forward 3 months and decide whether you want a sofa, or to still be wrangling....

Whatever you do, be aware that any court/solicitor will look at the situation with any emotion removed, so look beyond how you feel, and look to what is acceptable/reasonable

If you decided to dig your heels in & still fight through the courts, they may now look at your refusal to accept the sellers offer to rectify the main issue in a negative light

Are the wooden feet worth the stress?

they have said it would be 12 weeks to deliver, which would take it to the end of march which is nearly a full year after the order had been originally placed on the 31/05/2010.

the thing is he still would not accept his staff were in the wrong,he accused me of slandering on the internet and threatend to sue me if i kept it up.

also on one hand he is saying the sofa manufactuer does not make a right angle corner and then on the next he is offereng me one??

due you think it is delaying tactics??

i have nothing in writing either.

You have to decide, but all correspondence must be in writing - if he has offered a solution verbally, get him to write it down, with dimensions etc etc.

If you reject the offer, what will you be sitting on in 3 months time?

very true.

uplink this isnt about the feet its about the corner piece, the feet are antother problem that need rectifying....

uplink this isnt about the feet its about the corner piece

Yes I know

I meant that if they do sort out the corner, are the feet worth the stress & aggro?

Personally if it were me the sofa would have been returned by now and If I had not got my money back I would have started small claims ( but I am a stubborn and argumentative get if you hadn't noticed)

Its simply unacceptable - and the guy who came round is trying to pressure you with threats. You have not slandered him (slander is verbal) Its not libel as you have told the truth - "fair comment"

Doesn't matter what it was written on, it could be written on a piece of bog roll, it would still be a binding contract.

Goods should also correspond with the description you give, whether it's verbally, in writing or in an illustration. If they don't, your customer can take similar remedies to those described above. It's also an offence under the Consumer Protection from Unfair Trading Regulations 2008 and the Business Protection from Misleading Marketing Regulations 2008 to describe goods misleadingly to consumers and other businesses, respectively.

BY the way I found that on [url= http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073792594&lang=en&r.l1=1073861169&r.l2=1074400662&r.l3=1074034195&r.s=sc&type=RESOURCES ]businesslink[/url]

Also, if it goes to court, you don't need to provde that it wasn't what you ordered...it's up to the retailer to prove that the sofa was what you ordered.

All customers have up to six years to claim compensation (in Scotland, five years from discovery of the problem). The exact amount of time depends on the product, though it's for your customer to prove it was faulty when sold. But if your customer is a consumer and asks for a repair or replacement during the first six months after sale, it's up to you to prove the goods weren't faulty.

I suggest you take them to court, I'm not a lawyer, but I reckon there's a stong possibility that they'll settle before it actually goes to court. I think they're just trying to frighten you.

But then as TandemJeremy say's....I'm also stubborn and argumentative!

Not quitre McHamish - that refers to faults.

However the OP has the proof needed

It makes me feel old to admit this but my consumer law is 20 years old , however as far as i understand the law has only gone further in the consumers favour.

The item must be materially as described when you bought it (so the sales persons diagram is binding), for furniture that is going to be appearance and size . If the goods don't match the description unless you can be taken to have accepted the goods which on your account you can't then the store is in breach of contract and you get your cash back . Given that you have complained from day one they cannot bill you for use of the sofa or wear and tear in fact you would have been entitled to return the sofa and rent pending resolution or replace at their expense.

Your credit card company is equally liable to you if you paid on credit in whole or part.

It ain't slander on the Internet it's libel you would have the defense of justification no one except the very rich ever sues for either slander or libel.

his offer is total rubbish you don't have to accept it after all the delay reject demand a full refund and lodge proceedings in the small claims court. no needs for lawyers or hasstle this is bread and butter to a district judge.