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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My father recently passed away, he had ordered and paid for

Resolved Question:

My father recently passed away, he had ordered and paid for in full 2x Lazy boy arm chairs, from a company called lightsandfurniture.co.uk. I explained this to one of the customer service ( Loose term as they don't understand its meaning) team and that we wanted to cancel the order, it has not been delivered yet !! She was initially sensitive to the situation but had to check with Dale Broadhead the company Director "it's not my call" she said but i'll call you back later today ! after about 20 phone calls, no returned phone calls, and 5 days passing I received a call saying that they would not cancel the order, "so you are going to continue to make these chairs, put them on a lorry and deliver them to man that has passed away" i said - "YES" was the response !
They claim it was made to order and no made to order items can be cancelled - although no where on their website says this particular item is made to order, it certainly was not custom built, just ordered off the web site and a colour chosen - in fact the website says its in stock. Trading Standards says that choosing a colour on a normal stock item does not constitutes a custom or made to order item.
This causing me a lot of emotion distress, my fathers funeral is on Wednesday, I just want to cancel the order and get a refund as the house my father lived in is now empty.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I would agree with Trading Standards. Chosing a colour on a stock item is not custom.

Alex Watts :

Therefore you should write and cancel the Order and ask for a refund.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?

Customer:

Hi Alex, One question that trading standards raised was that the company may not have broken their side of the contract as the contract is with my late father, they say that only he can cancel the order, but obviously he can't do that, but at the same tim the item is no longer required and according to the companies own web site


Cancellations

1.) If you wish to cancel your order, you can notify us by email to [email protected] before we have dispatched the goods to you. If the order has been dispatched already, there will be a cancellation charge payable of £25 (Small Item) or £65 (Large Item).



This whole process is causing a lot of emotional distress for both me and my brother. The funeral is on wednesday and we have been trying to resolve this now for over a week.

Alex Watts :

If he is dead then the contract should come to an end.

Alex Watts :

You can't continue a contract with a deceased person

Alex Watts :

Just call their bluff

Alex Watts :

Can I clarify anything?

Customer:

So in your opinion you believe we are within our legal rights to cancel the order with full refund?

Alex Watts :

Yes I do.

Customer:

I have written to them, both on email and paper copy ( recorded Delivery) I have given them 30 days to credit his account before taking things further

Customer:

many of my friends and family have taken to leaving bad reviews on websites, Facebook, twitter etcl, will this damage any claims we have ?

Alex Watts :

It wont affect it whatsoever.

Customer:

ok thank you for your help

Alex Watts :

 


If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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