DFS Finance

I bought a sofa before Christmas from DFS, agreeing to the 4 year interest free deal. (no payments for 1 year)

There was a mix up with the finance and they lost the agreement. I apparently need to go in and sign a new copy of the agreement before they can deliver my couches.

The problem is that since buying the couches I have lost my job and have no income. The finance agreement asks employment details, which I can not fill in now. The sales person telling me that finance is approved based on my circumstances at time of purchase, but I beleive it is fraudulant to sign an agreement as being employed when I am not currently.

Besides, not being able to sign the agreement, I dont want the suit, because I cannot afford it now.

The salesperson at DFS is now saying that the finance agreement is just how I chose to pay for the suit and seperate from the purchase. If I am unable to get the finance, apparently, they will seek to get the money from me "by any means possible"...meaning legal action.

Can they do this? I bought the suit on 4 year interest free payments and cant afford to pay for it all at once.

What are my rights?
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Comments

  • Anihilator
    Anihilator Posts: 2,169 Forumite
    I would say if you dont even apply for the finance they could. If you apply for the finance and are declined however this may be a lot more difficult. And of course you couldnt sign to say you had a job and what sort of company would give finance to someone without a job hmmmm....
  • MoneySavingNovice
    MoneySavingNovice Posts: 435 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    edited 14 January 2010 at 10:37PM
    Don't be BULLIED by Desperately Fragile Sofas.
    I would write them a letter stating that due to their failure to deliver the sofa on the date agreed that they (Desperately Fragile Sofas) are in breach of contract. As it was made clear that ‘time was of the essence’ and given the failure of DSF to delivery on the contracted date the Contract, including any credit agreement is therefore null and void.
    This position is final, and no further correspondence will be entered into.

    That should scare them off!

    Don't speak to them - if they ring you up simply say to them that they should write you a letter and you remove any permission for them to either ring you aging or hold your personal details on their computer systems.

    Ignore any letters - unless they are actually taking you to court, which they is unlikely to be in there interest to do, and they would be unlikely to win anyway.

    Good luck
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Don't be BULLIED by Desperately Fragile Sofas.
    I would write them a letter stating that due to their failure to deliver the sofa on the date agreed that they (Desperately Fragile Sofas) are in breach of contract. As it was made clear that ‘time was of the essence’ and given the failure of DSF to delivery on the contracted date the Contract, including any credit agreement is therefore null and void.
    This position is final, and no further correspondence will be entered into.

    That should scare them off!

    Don't speak to them - if they ring you up simply say to them that they should write you a letter and you remove any permission for them to either ring you aging or hold your personal details on their computer systems.

    Ignore any letters - unless they are actually taking you to court, which they is unlikely to be in there interest to do, and they would be unlikely to win anyway.

    Good luck

    What stupid advice.

    DFS arent going to deliver a sofa that hasnt been paid for and could easily argue the OP breached the contract not them.
  • Thanks for your constructive comment!

    Of course they would not delivery a sofa when they haven't received payment, but DSF lost the agreement and as jeffo does not want the sofa anymore, this would be enough to get rid of them!

    What YOUR suggestion?
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    I would say the OP has no claim to cancel, but the fat that they are now unemployed and the finance is likely to be rejected complicates the issue as this was in fact DFS's fault. hmmmm
    Back by no demand whatsoever.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Thanks for your constructive comment!

    Of course they would not delivery a sofa when they haven't received payment, but DSF lost the agreement and as jeffo does not want the sofa anymore, this would be enough to get rid of them!

    What YOUR suggestion?

    No DFS lost the finance paperwork. This doesnt void any contract.
    I will bet the OP has signed DFS's order form etc.

    I personally would suggest he deliberately gets his finance rejected. In a far better negotiating position to walk away then than if he just ignores it.

    A court if it came to it is also likely to prefer this stance than trying to hide from the contract.
  • Jeffo
    Jeffo Posts: 18 Forumite
    edited 15 January 2010 at 10:24AM
    DFS are quite ademant that I am still bound by the contract of Sale and have no right to cancel. They are sending the finance documents to my house to be signed.

    I am not really unemployed, but have lost faith in DFS and therefore told them this in an attempt to get out of the contract.

    However, what rights do I have to inspect t he furniture in their store before accepting delivery? What righhts do I have if, when inspected in their store, the sofa is not perfect?

    Basically after all of the lies and delays, I do not want to deal with this pathetic excuse for a company.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Jeffo wrote: »
    DFS are quite ademant that I am still bound by the contract of Sale and have no right to cancel. They are sending the finance documents to my house to be signed.

    I am not really unemployed, but have lost faith in DFS and therefore told them this in an attempt to get out of the contract.

    However, what rights do I have to inspect t he furniture in their store before accepting delivery? What righhts do I have if, when inspected in their store, the sofa is not perfect?

    Basically after all of the lies and delays, I do not want to deal with this pathetic excuse for a company.
    Are you including your lies as well, don't waste everyone's time :rolleyes:
  • Jeffo
    Jeffo Posts: 18 Forumite
    neilmcl wrote: »
    Are you including your lies as well, don't waste everyone's time :rolleyes:

    Go easy there fella!

    I should actually correct myself. I DID indeed lose my job just before Christmas, after the order wass placed. However, I have now found a new job, however I never told DFS that.

    Basically, I have been looking for a way out of this contract since THEY lied to ME. My lieing only came as a result of theirs. Sure they can argue that they never lied by telling me they where 99% sure I could have it before Christmas...but the sales person still got me to sign under false pretences, because a week after signing someone called me regarding the suite and had no idea of a pre-christmas order.
  • molerat
    molerat Posts: 34,292 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you sign the finance contract in your home then you have a right to cancel. That is why these contracts must always be signed on the company premises, there is no right to cancellation.
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