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Bought ex-display kitchen which was double sold!

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  • Bought ex-display kitchen which was double sold!

    Hi everyone, we have bought an ex-display kitchen from wren two weeks ago and asked to pay the full amount in advance. The kitchen was due to be available in 3/4 weeks when the new stock will come in. We went back to wren last week to measure the kitchen so we can order other items and plan for the fitting. Today we received a phone call that the kitchen was double sold and they will refund us. We asked if we can have another kitchen similar (or close to similar) what we bought as we have already purchased other things and arranged for fitting, electrician, etc. They said that we could and we need to pay almost three times more the price we gave for the ex-display. I could really need some advice on what is the best way to deal with this. Is this just a sales trick to get us pay more? Do they have the right to cancel our order although it is fully paid? Is there any way we can insist to get another kitchen?
    We are too frustrated and disappointed to think of any solutions at the moment so any ideas/advice will be greatly appreciated. Many thanks in advance.
    Tags: None

  • #2
    Re: Bought ex-display kitchen which was double sold!

    Hi and welcome.
    A lot is going to depend on the wording of your contract.
    Could you post up its T&Cs for us to see?

    It may be that you have a case for "loss of bargain", which means that if WREN have broken the contract you should receive sufficient compensation to put you in the position you would have been if that breach had not occurred

    Comment


    • #3
      Re: Bought ex-display kitchen which was double sold!

      Hi des8 and thank you for the quick reply and welcome!

      We were just given a disclaimer to sign (attached)

      The other thing that bothers me is why do we (and not the other buyer) have to 'pay' for their employee's mistake? A mistake it took them two weeks to figure out...

      Any thoughts?
      Attached Files
      Last edited by Kati; 6th September 2017, 09:43:AM.

      Comment


      • #4
        Re: Bought ex-display kitchen which was double sold!

        So you now need to write to WREN, referring to your purchase and tell them you are holding them to the contract.
        You tell them you require specific performance, not a refund, , and you look forward to receiving their proposals, within the next 10 days, to provide the items or similar within a reasonable time (i,e.within 4 weeks of purchase )

        Send the letter by ordinary mail, (but obtain a free certificate of posting from PO).
        Depending on their reaction, be prepared to write a further letter, this time threatening court action (if you are prepared to pursue this through the courts)

        Comment


        • #5
          Re: Bought ex-display kitchen which was double sold!

          Hi again des8 -thank you for your advice. They called us today to ask if we want the refund or if we would consider the offer of the other discounted kitchen. We replied that the offer is way too expensive but they were not open to any further negotiation. They asked us to let them know our final decision by tomorrow.
          So we decided to send an email and letter tomorrow to ask them to honour the contract and if they will not, we will be asking for consequential losses.
          Thank you so much for your time to read and reply. Really appreciated!

          Comment


          • #6
            Re: Bought ex-display kitchen which was double sold!

            you should be asking for damages following breach of contract not consequential losses

            Comment


            • #7
              Re: Bought ex-display kitchen which was double sold!

              Originally posted by diasoil View Post
              we have bought an ex-display kitchen from wren two weeks ago and asked to pay the full amount in advance. The kitchen was due to be available in 3/4 weeks when the new stock will come in. We went back to wren last week to measure the kitchen so we can order other items and plan for the fitting. Today we received a phone call that the kitchen was double sold and they will refund us. We asked if we can have another kitchen similar (or close to similar) what we bought as we have already purchased other things and arranged for fitting, electrician, etc. They said that we could and we need to pay almost three times more the price we gave for the ex-display.
              Option 1: Wren Kitchens is a member of The Furniture Ombudsman so why not utilise their complaints procedure.

              It's free and less adversarial than going down the legal route (you can still do that if the Ombudsman doesn't resolve the complaint to your satisfaction) and I expect it would be quicker too.

              Here's how to get started > https://www.thefurnitureombudsman.or...-installation/

              Option 2: You say you paid the full amount in full in advance? How did you pay that? If it was on a credit card then you may be able to utilise section 75 Consumer Credit Act where the credit provider is jointly liable for the issue so will they have to sort it.

              Here's some information how you can do this (again this will be a free option) >

              http://www.which.co.uk/consumer-righ...mer-credit-act


              Di

              Comment


              • #8
                Re: Bought ex-display kitchen which was double sold!

                oh, thank you. I thought they are the similar things but obviously not?

                Comment


                • #9
                  Re: Bought ex-display kitchen which was double sold!

                  Thank you, Diana M.

                  Comment


                  • #10
                    Re: Bought ex-display kitchen which was double sold!

                    Originally posted by diasoil View Post
                    Thank you, Diana M.

                    You're welcome

                    You need your kitchen nightmare sorted in time for Christmas!

                    Legal proceedings aren't quick so see if you can get this issue fixed some other (free) way first.

                    Di

                    Comment


                    • #11
                      Re: Bought ex-display kitchen which was double sold!

                      Originally posted by des8 View Post
                      you should be asking for damages following breach of contract not consequential losses
                      As it was purchased and paid for in full, just awaiting collection, would it be loss of bargain? and Ross v Harman / McAlpine v Panatown ( I don't know just wondering if that's an angle could be looked at ? )
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Bought ex-display kitchen which was double sold!

                        Damages are awarded for a variety of things e.g Loss of expectation (bargain),: reliance loss(wasted expenditure)plus possibly non compensatory damages.
                        So at this stage I would just mention "damages" rather than limit to one type.

                        But on other hand try [MENTION=87380]Diana M[/MENTION] 's way as it might be less stressful.

                        Comment


                        • #13
                          Re: Bought ex-display kitchen which was double sold!

                          Originally posted by des8 View Post
                          But on other hand try @Diana M 's way as it might be less stressful.
                          And quicker and free

                          Legal action should always be the last resort.

                          A business as big as Wren Kitchens will likely field their own lawyers and that's when things can get unnecessarily complicated. Lawyers like a fight (fancy that!).

                          The OP wants a kitchen and has every right to expect Wren to honour their offer.

                          Wren has 63 showrooms nationwide so let's hope they can find another ex-display kitchen at the same price as already paid.

                          https://www.wrenkitchens.com/showrooms

                          Di

                          PS posting on their FaceBook page might hurry things along too

                          Comment


                          • #14
                            Re: Bought ex-display kitchen which was double sold!

                            Originally posted by des8 View Post
                            Damages are awarded for a variety of things e.g Loss of expectation (bargain),: reliance loss(wasted expenditure)plus possibly non compensatory damages.
                            So at this stage I would just mention "damages" rather than limit to one type.

                            But on other hand try [MENTION=87380]Diana M[/MENTION] 's way as it might be less stressful.
                            Yip - I was just checking I was thinking on the right lines really, thanks Des

                            I do wonder, as I'm sure the OP does, why the other purchaser of the kitchen has taken precedent - did they purchase first / offer more / pay in full ?
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Bought ex-display kitchen which was double sold!

                              toss of a coin, a flutter of the eyelashes............???????

                              Comment

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