How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77753
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I purchased a sofa from sofology, I booked the delivery

Customer Question

Hi
JA: Hello. How can I help?
Customer: I purchased a sofa from sofology, I booked the delivery which they confirmed, when i called to double check a few days later they said my sofo was assigned to someone else due to system error I paid a deposit of £400 cash in store and the balance over the phone a few days later at which point they booked and confirmed delivery
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: I'm uk
JA: What steps have you taken so far?
Customer: I've contacted consumer advice and they have advised thats its a breach of contract and I can claim damages I've sent in a full complaint and they have sent back a response from the social media team
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the item was on the shop floor and considered clearance, I was the only customer in the store purchasing that sofa, so I'm assuming the other customer was online
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 6 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Anthony Chendo replied 6 months ago.

Welcome to JA

i will send you a service offer shortly but before i do so please can you confirm what the response was from the sofa company or would you prefer to talk about it?

Customer: replied 6 months ago.
Good Morning Miss Llewellyn,Thank you for your email, firstly I would like to apologise for the issues you have experienced with your furniture order.I understand you went into our Brent Cross store 03.01.2020 and purchased a Marmont 3 corner 3 power recliner in silver from our clearance range.Due to a system error, this did not attach to your order and was sold to another customer. I appreciate this is frustrating after you have spent time looking for the perfect sofa for your home.With regards ***** ***** replacement, we do not have a like for like option available, this has been checked. We can offer you a full refund of £1214 which is the amount paid. Alternatively, we can offer you a credit note for £1214 + £100 gesture to apologise for this happening. This would bring the credit note value to £1314.Once a decision has been made on how to proceed please respond to this email and I will get this resolved as soon as possible.As you have asked, the ADR scheme we are part of is The Furniture Ombudsman.
Kind Regards,
Customer: replied 6 months ago.
Please look at my original complaint before live discussion:
Sofology
Golborne Point
Ashton Road
Golborne
Lancashire
WA3 3UL8 January 2020Re: Order number(###) ###-####5Dear to whom it may concern,I entered into an agreement with your company on 03-01-2020. At the time of purchase I was advised by your representative Adam Amber & Safiullah Qahari that the service/goods would include:1. Purchased marmont 3 corner 3 power recliner sofa, shop floor model @ £1214.00. Purchased Sofology fabric care kit @ £39
2. The sofa will be returned to warehouse on 9-01-20 to be checked and cleaned prior to delivery.
3. Free delivery to my address on 13-01-20.
4. On 03-01-20 I paid £400 deposit by cash in store and was advised that the balance will need to be paid before delivery.
5. 6-01-20 I paid balance remaining in full via my debit card over the phone and was told by your representative that I could get my delivery sooner on 11-01-20.
6. 6-01-20 I received notification via text, email and my online Sofology account that my delivery was confirmed.The above term(s) constitute an essential part of the contract, today I was informed by your representative (ticket number:(###) ###-#### that my delivery and order has been cancelled and sold on to another customer which means you will be unable to fulfil your contract and are in breach of contract. Furthermore I contacted Sofology today to confirm that the sofa had been collected from the Brent Cross store, had I not contacted you today I would have been at home on Saturday waiting for a delivery that wouldn’t have shown up. Your breach of contract has already put me at a financial loss due to the fact that for I have taken unpaid leave from work to receive the delivery on 11-01-20, which will not be coming. I have sort independent advice from the citizen advice consumer service who have advised me that I have grounds to claim damages should we fail to come to a resolution.Therefore I am requesting your company to honour the contract within 14 days from the date of this letter by agreeing to provide a replacement Marmont 3 corner 3 power recliner, colour silver in a like or better condition. Otherwise I will have no option but to cancel the contract without incurring penalties alongside a refund of any costs incurred arising from your breach: including a full refund, damages for lost of a bargain and any other costs that I will incur as a direct result of your breach including the costs for alternative seating and delivery fees, as I have already discarded my old seating.Please can advise whether you are a member of the ADR scheme or willing to use and ADR scheme?I look forward to your response within the 14 day deadline in order to resolve this matter amicably.Yours sincerelyCadanna Llewellyn
Expert:  Anthony Chendo replied 6 months ago.

Thanks for the further info.

I will review it shortly and return to you once reviewed.

Customer: replied 6 months ago.
ok the store response my complaint was uploaded first sorry for the confusion
Expert:  Anthony Chendo replied 6 months ago.

Hello

Having reviewed the circumstances unfortunately this is not something I can assist you with therefore I will opt out and hopefully another expert will assist you.

Thanks

Expert:  Jo C. replied 6 months ago.

Hello. Are you asking if you have a claim for additional compensation?

Customer: replied 6 months ago.
I want to know what to do next, the offer is not sufficient?
Expert:  Jo C. replied 6 months ago.

They are offering a full refund?

What additional loss have you suffered?

Customer: replied 6 months ago.
Loss of a bargain the sofa was discounted by £1485, I have also thrown out old seating in anticipation of delivery and would now need to purchase a replacement, I also took the day off of work because they confirmed delivery....
Expert:  Jo C. replied 6 months ago.

Thanks for the information

They are in breach and you do have a claim for consequential losses.

They probably would be considered to be liable for the additional cost that it would cause you to purchase that same sofa; so you could claim the discount sum. You may have a claim for loss of earnings although that is a little weaker. But they are not liable for the discarding of your old furniture as you would have had to do that anyway.

Hope this helps. Please let me know if you need more information.