Consumer Law - Finance Contracts

[oracle39]

Hi can anyone give me the legal info. We ordered a kitchen on a finance agreement to pay next year. We paid an additional sum as we were offered special delivery 2 weeks as it was all in stock. However letters came saying it was going to be a lot longer, my husband rang and they agreed it would be earlier and gave us todays date for delivery , but a second letter came giving another date. He rang again and the girl said it was on the system for today, however we have not had the usual call from the deliverers which should have been yesterday and again today to give us a time slot. We are really getting edgy about the whole thing. I want to know if they fail to deliver can we cancel the agreement because they have broken their contract with us?

[Peter Pedant]

not being a lawyer...

this sounds like Tigerbox and yes I did
then threatened small claim and they restored in full

however - later on somewhere a judge said you cant usually rescind a contract on late delivery which kinda was news to me

BUT .... ( this is a real law opinion )

one of the clauses is for quick delivery and that has obviously been broken.

You need to keep notes of all this and to start answering telephone calls with emails or letters saying - I was rung on such and such and we agree XYZ and ABC did or didn't happen.

if it doesn't arrive today then I would be inclined to ring and write saying the deal is off and you want your money back

[factor-fiction]

If you paid extra for a quicker delivery within a set timescale and they haven't met that you should at least be given the extra amount back. I suppose though it's all down to the wording- did they guarantee a specific timescale or was it noted that 'time was of the essence' which is a phrase that used to be used a lot

[Peter Pedant]

no I agree FF
or yes I agree

but having been in the position of many failed appts
there comes a time when you ( they ,,,, I ) want to call the whole thing off

especially with the oo-er feeling
which resonates with me

[oracle39]

I should have added we are still within 14 day cooling off period.

[oracle39]

The " special" delivery was their idea. Husband rang them and after half hour of hanging on while they contacted someone, they came back and said there was definitely a special delivery coming out to us today but could not specify a time as it was unscheduled. So hubby decides all is well and proceeds to pull out kitchen :( 16:30 he rings them again to find out if they have any further update on eta of kitchen. The reply is that nothing on system and they don't know anything about special delivery. He tells them he wants to cancel as he will have to go out and buy one off the shelf somewhere tomorrow as we are now without kitchen; he is told to ring store. Store says delivery date is 3rd March!!! So he tells them he wants to cancel the finance and we are now waiting for a call back. Not holding breath. Quick read of blurb on agreement says we have 14 days to cancel, agreement was signed 19th Jan, but it also says that if they have already paid the retailer we will have to pay the loan within 30 days. It also says we need to make separate arrangements with retailer to cancel the purchase.

[TWR]

Breach of Contract.

[oracle39]

They always have clauses regarding delays in deliveries don't they. We are just so cross about the lies. Fancy telling someone that its definitely being delivered today after so many queries about the letters. I was thinking more Misrepresentation Act 1967 because they told us it was all in stock and if we paid more we could have it in two weeks. Absolutely furious with them. They should have just said nothing they can do and given a definite date, but we have had 31st Jan given by three different people, the last person confirmed this morning. Then when we rang to find out where it was, told its coming in March. We want to cancel, we want an apology and we want to know why they lied.

[TWR]

We are all different Oracle, If I ordered a product & they messed me about, as they have done with you, they would not get a 2nd chance, there are plenty out there that want you money.

[oracle39]

Cancelled in store. They claimed the "special" non delivery was down to DHL who they cannot get hold of after Saturday mid day because office is unmanned. Tried to get us to wait as they may try to deliver Mon morning, but we have lost faith and proceeded to cancel. Waited in store while he did all the admin to cancel order and finance. He said we didn't need to do anything but I will follow up with letter to finance company and copy of his refund receipt just in case, and I will ask for confirmation that finance is cancelled. I don't want this raising its ugly head months down the road with a default payment letter. The guy who sorted it said he had asked the resolution office to contact us because of what happened and they may offer some sort of good will gesture.

[TWR]

Good on you, I was going to suggest a letter of Cancellation but I see you have done that lol, that is the route I would take, you have to be one up on these company's Oracle It's sad but's that they way the make some people, regards (If) a Gesture is offered, take it with 2 hands "Then say", we will never deal with you again.

[oracle39]

Thanks Mark, my thoughts exactly.

[TWR]

Mark ????? lol