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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I ordered a sofa from Harveys furniture store on Monday. I

Resolved Question:

I ordered a sofa from Harveys furniture store on Monday. I asked today if I could upgrade to have electic seats for the extra £200 pounds. I have been told that I have to now pay an extra £900 pounds or pay a 25% cancellation charge. Is this legal am I stuck with a sofa I don't want that hasn't even been delivered yet?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree cancellation rights?
Customer: replied 1 year ago.
Apparently by signing the contract it was 24hours which sounds ridiculous. Obviously they never give the opportunity to take home and read.
Expert:  Jo C. replied 1 year ago.
Is the option that you want priced at £900 extra anyway.
Customer: replied 1 year ago.
It was an extra £200 on the day of purchase, but apparently the prices have all changed today.
Expert:  Jo C. replied 1 year ago.
Ok. That is a problem. Ultimately they are free to do that. You cannot demand that they sell at the price that would have been available to you a few days earlier.
In relation to the cancellation though, they cannot just levy a random charge. You are locked into a contract with them. There is no way around that. If you cancel now then you will be acting unlawfully and be in breach. However, they can only claim the sum of their loss which would be some admin costs at the very highest point. They will not even have incurred transportation costs at this stage.
They cannot force you to take the sofa that you ordered but they do have a claim against you for the sum of their loss. It is quite unlikely they would pursue it though.
If you have paid already though then you might have to sue as they are not likely to agree to a refund lightly.
It is easy enough to sue and not all that expensive now but it might need to be done.
Best to send them a letter before action first though setting down your intention to sue if they do not refund by a specified date.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 70001
Experience: Over 5 years in practice
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Customer: replied 1 year ago.
The irony is that if I bought from their internet site I would have been allowed 14 days to cancel without charge. Serves me right for thinking I would get better service form a store. I shall just have to make the whiring noise myself when I operate the manual recliners ;o) Thanks for your help.

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