Simon - can you give me some legal advice please - well it's not for me, but a friend.

Basically he and his missues were talked into buying a rather expensive Sofa from CSL.

They have signed a contract for the sofa, and a separate finance package. When they got home, they have realised that they shouldn't have bought the sofa ( it's over 5K ) and that it probably won't even fit in the room they have. Thus they want to cancel.

Obviously the finance package is covered by the consumer credit act's 14 day cool off.

But the question is - if they have signed a contract that says they can not cancel, can they get out of that? They phoned CSL within 24 hours to tell them, but they are giving them the run around at the moment. No money has changed hands, the sofa, whilst a special order, obviously hasn't been made yet either.

If they can cancel, what bits of law do they need to quote in the letter I've told them to write to CSL?

thanks in advance!

Updated November 12, 2012 at 9:35 PM

Basically they're probably not going to be able to cancel or return the sofa. Not my area of law but direct them to this: Clicky; presumably they signed the finance agreement in store.

If the sofa hasn't yet been made and no money taken then they might be able to persuade CSL to cancel it out of the goodness of their hearts.

Updated November 12, 2012 at 8:49 AM

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O.K, thanks. Looks like they have bought themselves a sofa that's 1/20 the value of their house, numpties!

They could just try informing CSL that they are cancelling, informing the credit company, cancelling any direct debits and not allowing the sofa to be delivered; breaching the contract, ultimately. Then CSL can only claim their loss, which is not the entire value of the sofa. The 30% penalty payment for cancellation (if agreed by CSL) is probably an unfair penalty clause and unenforceable.

Really they need to speak to a solicitor themselves, perhaps CAB, today.

Updated November 12, 2012 at 9:02 AM

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ilmostro said...

O.K, thanks. Looks like they have bought themselves a sofa that's 1/20 the value of their house, numpties!

I fear the advice they need may extend past that of a legal nature, and head more into "getting a fvcking great slap round the head" territory

There are only certain things you should need a loan for. Furniture shouldn't be one of them!

JL said...

I fear the advice they need may extend past that of a legal nature, and head more into "getting a fvcking great slap round the head" territory

^This. Succinctly put as ever sir.

What were they thinking?

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JL said...

ilmostro said...

O.K, thanks. Looks like they have bought themselves a sofa that's 1/20 the value of their house, numpties!

I fear the advice they need may extend past that of a legal nature, and head more into "getting a fvcking great slap round the head" territory

There are only certain things you should need a loan for. Furniture shouldn't be one of them!

100% correct Sir.

This is what happens when women go shopping!

JL said...

ilmostro said...

O.K, thanks. Looks like they have bought themselves a sofa that's 1/20 the value of their house, numpties!

I fear the advice they need may extend past that of a legal nature, and head more into "getting a fvcking great slap round the head" territory

There are only certain things you should need a loan for. Furniture shouldn't be one of them!

This with bells on.

Flatmate (whom we didn't want living with us because he's a cretin) booked himself into the accommodation myself and another housemate from last year are living in. He moves in, didn't bother to check the price of rent and has had to live on about £100 this whole semester. He has complained about it since September, there isn't enough in the world for people like this.

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I find it quite strange how you would sign a finance contract for that amount on the spot. I would have thought it would be possible to cancel within a limited delay .

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focus69 said...

I find it quite strange how you would sign a finance contract for that amount on the spot. I would have thought it would be possible to cancel within a limited delay .

It seems amazing to me that people commit to things expecting the right to cancel. That's now how the world works; it's important to have certainty in contracts. There are plenty of statutory protections (e.g. distance selling) but you have the right to say 'No' to a salesman in a store; you don't have to sign a piece of paper to be allowed to leave.

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TBH, I think they should be made to take the sofa! They can either sell it on or keep it, but from contract signing it is theirs! Noone held a gun to their head and a contract was signed: seems pretty clear cut to me! Atleast they'll learn their lesson!

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£5k for a sofa? From CSL? What's it made of, leather from the thighs of Brazillian virgins?

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1anf said...

At least they'll learn their lesson!

How sweetly optimistic that you would think that.

However, as the said sofa purchaser was a woman, she'll just find a man to blame it on and go out and do the exact same thing again some time soon.

Updated November 12, 2012 at 12:56 PM

Apparently they were sold (in the sales pitch sense) the settee in store. They didn't really measure it up, and when they got home thought 'err, that's a bit big for the room, and it's a f**k-tonne of money, what have we done?'

I absolutely never, ever buy anything on credit I don't totally need.

My list of things that I have in this category are:

House, Car and may be a suit for say a job interview. As JL said, Furniture is not something that should be bought on credit. If you ain't got the cash, don't buy it!

The crazy part is they have a perfectly fine sette, that's only about 4 years old. I guess it was selected by my friends ex-wife, so may be what's happend here is a bit of female thought processes.

Bro's - let this be a warning to ya.

Keep Bitches In Check. Init.

As JL rightly spotted, these two sound like a right pair. I wouldn't blame CSL for making them stand by their contract.

As for buying on tick, I did that with my corner suite as it gave me 12months interest free. I then paid it off a week before the 12months was up. I'd rather have the money in my a/c another year

As for £5k on a sofa -

NotoriousREV said...

£5k for a sofa? From CSL? What's it made of, leather from the thighs of Brazillian virgins?

Must be a Gold Plated Carbon Fibre frame, and leather made from a whales foreskin, I guess?

I'm pretty certain the frame will be made from cheap timber, staples and beermats to stop the joints creaking Allegedly.

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This thread is hillarious!

In a former life, we bought a sofa on 4 years 0% credit from DFS. We didn't have £1800 in cash and needed a 3 piece suite.

£5k though That's John Lewis territory and a nice bit of furniture.

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mattcambs said...

This thread is hillarious!

In a former life, we bought a sofa on 4 years 0% credit from DFS. We didn't have £1800 in cash and needed a 3 piece suite.

£5k though That's John Lewis territory and a nice bit of furniture.

It's getting a bit Boatshoes in here. You should only make large purchases in CASH even if it's 0% interest!

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1anf said...

TBH, I think they should be made to take the sofa! They can either sell it on or keep it, but from contract signing it is theirs!

A friend of a friend runs one of these companies, and has a warehouse full of expensive sofas which the customers were unable to take delivery of, because it doesn't fit in their house.

They sell them off and keep the money.

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