Ok thanks Furrypolka for the clarification - i know districts operate in different ways so my guess is the one I met works more closely with Consumer Direct than others.

Consumer Direct is funded by government via the OFT.  They provide front line consumer advice, but they are NOT Trading Standards themselves.  They do have a good working relationship with Trading Standards though, referring through criminal complaints or in some cases civil issues which TS may be able to assist with further.  Trading Standards departments vary throughout the country with regard to consumer advice, some will provide further advice and assistance to consumers for cases referred by Consumer Direct, others have limited consumer contact or none at all, depending entirely on the way the individual department is resourced.

Funny you say Consumer Direct is not a part of Trading Standards - when I had a meeting with Trading Standards last week they told me that Consumer Direct was a part of Trading Standards - ie Consumer Direct is consumer facing and Trading Standards is retailer facing.

The Sale of Goods Act does state that goods must be as described.  There's obviously been an error here.  However I would tend to say it's more a breach of contract issue than an "as described" issue as there has been a clear mistake and an entirely different product has been ordered.  It's been picked up before delivery though, which proves a slight complication - time of delivery is not automatically a condition of the contract under the Sale of Goods Act and this basically means that lengthy delivery time on its own is not a reason to hold the company in breach of contract and claim a full refund.

 If I were you I would be tempted to write the retailer a letter explaining that the order has been incorrectly placed and therefore the goods that are being made are not the ones you have a contract for.  Inform them that you have already been waiting a long time and therefore you are giving them [reasonable date, but not 12 weeks] by which to supply the correct product or you will hold them in breach of contract and claim a full refund.

 Consumer Direct (who aren't Trading Standards, but are funded by the OFT) will be able to advise you on the steps to take, but it won't be an issue that Trading Standards would be able to help with.

Thanks Jason.

I will give them a call this morning and see where i stand. they promised to call me back this morning so they have a couple of hours left. Thanks again, i shall let you know how it goes.

 

regards

 

Mushtaq

Hi Mushy101

Thanks for your post.

It's very clear under the Sale of Goods & Services Act that if you have not been sold what you ordered then you have been mis-sold and you are within your rights to get a full refund and cancel the finance.

My advice is to contact Consumer Direct - this is the consumer facing arm of Trading Standards - not only will they offer you some impartial advice and arbitration, they will also consider whether this is worthy of a full investigation by Trading Standards.

Please contact Consumer Direct on 08454 04 05 06 or visit their website at www.consumerdirect.gov.uk

I hope this helps?

Cheers

Jason

I ordered a fitted wardrobe and corner unit back in february 2007 from joysleep who deal with the manufacturers Nolte Mobel.

i received an order acknowledgement this mornign for a flippin bed from Nolte!! ive paid £350 deposit and have a further £1000 on finance. Am i in my rights to get a refund and cancel the finance arrangement?

the manufacturers are saying that the problem needs to be rectified by the retailer, who have obviously messed up the order, how they get a wardrobe and bed mixed up is beyond me. anyhow this order will now take a further 12 weeks 2 be delivered and fitted.. on top of the  2months that have already nearly passed. and this is all down to if it is rectified int he first place.

 

please advise.. many thanks

M