DFS sofa not up to scratch - can I request part-refund?

retrocircles

We signed up to the DFS 4 years interest free pay nothing for a year deal, last June. Sofa cost £900. Within 2 months we had to call a 'technician' out to sort out a leg brace that was very much on the squiff. This caused the rubber 'feet' on the 2 legs to become warped.

1st 'technician' ripped off the bottom felt seal, took the metal brace off the wooden frame, re-screwed it back in & screwed many more screws into the wood for good measure. Rubber feet weren't replaced & wasn't particularly happy about the extra staple gun holes underneath the sofa. I believe sofas are very much 'sealed' units... the more messing, the more problems in the long term.

Anyway. Weeks later it went back to normal. Normal being on the squiff. So another 'technician' came out and had a look. Said all the holes and screws made by Tech 1 were all wrong, and that he would need to make more 'better' ones. Again, felting ripped off (literally) and re-staple gunned on. By this time the inner wooden beams are looking like they've undergone some middle eastern cosmetic surgery.

I mentioned to Tech 2 that the seats had visible cavities already, and what would they look like in years to come. He immediately got on the defensive about leather and it stretching with time. I explained I understood that, but cavities in the foam only months in aren't due to stretched leather. He mentioned he could come back at a later date and undo the stitching to the seat pads, thread in some more foam, and sew them back up.

Now I personally don't like the sound of that! I mean, I'm sick and tired of these guys coming and ripping open my sofa which clearly has malfunctions, 'fixing them' and passing them off as 'good as new'.

I said I'd give it the 12 months before we start paying for the sofa to see how it goes. The leg issue is pretty much solved, give or take a few degrees. It may be getting worse with time but I can't see a drastic difference. But I still feel I don't have the perfect condition sofa I should be paying for. If after the 2 year guarantee period I have more problems with the legs, I have no leg to stand on (no pun intended) regarding another Tech coming out to fix it or a new sofa.

The other issue is the seat cavities. We hardly use the sofa, less than an hour a day, and there are clear cavities in both the seat and backrest. I could understand if it was a well used, 5 year old leather sofa, but it's not even 12 months old!!! I can't imagine what it will look like in that amount of time.

The actual pads don't line up in many places. They look like a jigsaw puzzle gone wrong.

The bottom 'frame' holding the actual seat pads seems to be fading at a different rate to the seat pads. My first issue being any fading at all. The sofa ISN'T in direct sunlight. And if there is fading, it should be consistent surely?!

My query being, what should I do about this?

I'm more than happy to keep the sofa if I get some sort of discount, to compensate the potential risk of further issues with the leg braces. Also the issues with the fading leather, and seat cavities. I mean it's a nice sofa as it is, but in no way worth £900.

Or would it be more appropriate to pay the full price and request a replacement sofa?

retrocircles

Anyone?!

kiddy_guy

Have you spoken to DFS about it and told them that the situation has not been resolved to your satisfaction?

pinkcheshirecat

Hi - there are 2 angles from which I believe you can approach this - if you Google Sale of Goods Act - there was an amendment to the act in the last couple of years which gives you up to 6 years to reject goods if you can 'prove' that they were faulty in the first place - in your case as the first time it went wrong was so soon after you bought it then you'd have a case there.

Also, you say that you signed up for the 'interest free' finance - so you have a finance agreement which makes the finance company also liable - suggest you go into the store on a Saturday and start spouting - it was amazing how quickly my problems were resolved on a busy saturday!

HTH

Brooker_Dave

pinkcheshirecat wrote: »

Also, you say that you signed up for the 'interest free' finance - so you have a finance agreement which makes the finance company also liable - suggest you go into the store on a Saturday and start spouting - it was amazing how quickly my problems were resolved on a busy saturday!

They are working to resolve the problem, they keep sending people round.

Tozer

pinkcheshirecat wrote: »

Hi - there are 2 angles from which I believe you can approach this - if you Google Sale of Goods Act - there was an amendment to the act in the last couple of years which gives you up to 6 years to reject goods if you can 'prove' that they were faulty in the first place - in your case as the first time it went wrong was so soon after you bought it then you'd have a case there.

Also, you say that you signed up for the 'interest free' finance - so you have a finance agreement which makes the finance company also liable - suggest you go into the store on a Saturday and start spouting - it was amazing how quickly my problems were resolved on a busy saturday!

HTH

Sorry but this advice is fundamentally wrong.

Firstly, the stuff about the Sale of Goods Act. There was no amendment giving the right to reject for up to 6 years. For years, there has been a statute of limitations (currently Limitation Act 1980) which requires contractual claims to be made within 6 years. This is not the same thing.

Secondly, the finance company is not necessary liable. It all depends on the arrangement of the finance company with the retailer and the debtor.

pinkcheshirecat

I stand corrrected ; Apologies - I got a bit confused - The act was amended in 2003 - giving consumers strengthened rights - your right to reject is not 6 years - however - you do have a reasonable time to reject - obviously this depends on the item you bought - there is however a remedy allowed for repair or financial compensation - if your complaint is about a fault which occured in the first 6 months, it is up to the retailer to prove that the goods were fit for purpose..for the exact wording see....(Section 48A)

For info on the Consumer Credit Act see Consumer Direct the Govenments own website it offers a template letter - had posted the links but MSE says NO:rotfl:


Unless DFS have greatly changed their credit Agreement, it should say in big letters near the top - Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974.

HTH

retrocircles

kiddy_guy wrote: »

Have you spoken to DFS about it and told them that the situation has not been resolved to your satisfaction?

Not yet. That's the point of my post, to see if what I'm asking is reasonable. DFS's answer to any faults is to send a 'technician' out to 'fix' it. I don't want a previously faulty remanufactured product that I'm paying full price for, as if it was a perfect condition item. If you know what I mean.

retrocircles

pinkcheshirecat wrote: »

I stand corrrected ; Apologies - I got a bit confused - The act was amended in 2003 - giving consumers strengthened rights - your right to reject is not 6 years - however - you do have a reasonable time to reject - obviously this depends on the item you bought - there is however a remedy allowed for repair or financial compensation - if your complaint is about a fault which occured in the first 6 months, it is up to the retailer to prove that the goods were fit for purpose..for the exact wording see....(Section 48A)

For info on the Consumer Credit Act see Consumer Direct the Govenments own website it offers a template letter - had posted the links but MSE says NO:rotfl:


Unless DFS have greatly changed their credit Agreement, it should say in big letters near the top - Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974.

HTH

Oooo thank you ever so much for your help! I'm going off now to research what you've mentioned & to find that letter template to base my letter around it.

Purpledaisy_2

Are they sending someone out to look at the faulty foams ?

If the legs have been fixed let that drop, they might offer you an allowance but I cant see it being much, £50/£100 if your lucky.

If you had an inspection carried out yourself that stated there were manufacturing faults with the seats then you would have a better case to request a partial refund.