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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75727
Experience:  Over 5 years in practice
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I have purchased a four seater sofa, two seater sofa and a

Customer Question

I have purchased a four seater sofa, two seater sofa and a foot stool, furniture protection, delivery charge and a sofa care kit from Sofology. At a cost of £2,349.00. In the shop the when we said that we live in a flat and didn't know if the sofa would fit the sales assistant said that it comes split, (meaning that the four seater comes in two halves). We waited two months approx for delivery and received a date. The night before they cancelled it and said that the sofa was in York because of a previous address that we had and had not updated their records. As an apology they said that they would deliver it on a Saturday at no extra cost because I complained. On that Saturday the driver tried to reject the delivery because he didn't want to damage his van delivering it. Then he delivered the two seater and foot stool but refused to attempt the delivery of the four seater. I even lent him a tape measure to try and deliver it. He refused. (In honesty I don't know if it will fit) However, we didn't believe it would have been an issue because it should have come as a split. We were told by the driver that this would come at an extra cost. I have complained that we were lied to by the sales assistant who clearly just wanted to make the sale or didn't know his product. However he is denying any wrong doing and that I rejected this. I have to add that if he stated at the time I wouldn't have minded paying extra as I have little choice because I live in a flat. They have said that I will need to pay a reduced amount of £179.80. I have said that I would like to cancel my order as a matter of principle. They said if I cancel my order I will have to pay £584.10. This is an excessive amount and surely isn't fare. Where do I stand? Am I entitle to get the sofa delivered as a split without extra cost? Can I avoid paying a penalty fee because they haven't met my expectations?
Submitted: 4 months ago.
Category: Law
Expert:  Nicola-mod replied 4 months ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 4 months ago.

So, in short, they were late?

Customer: replied 4 months ago.
Sales assistant lied and said it came split (my word against his) when they attempted it came full sized and wouldn’t fit. They want to charge me for a split one costing more. Or if I cancel order I have pay. My point is the sales assistant is able to lie to make the sale and then the customer has to haemorrhage money to have the purchase or decline it.
Expert:  Jo C. replied 4 months ago.

the difficulty with this is that I'm sure I'm getting the full story and it depends on their view of this.

If an item doesn't fit the description then you are entitled to reject it.

But I can see immediately they are disputing that.

Expert:  Jo C. replied 4 months ago.

And if their account is accepted then you cant cancel.

The sums don't make any sense either.

If you find out their position I could offer more.