DFS Finance

DVardysShadow

Jeffo wrote: »

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.

Let it go to court then. You could get justice or you might even get away with it.

I can't see where DFS have lied to you

System

Anihilator wrote: »

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.

didnt mean to thank you ! dfs do deliver before a payment is made ,the 1st payment is taken a month after delivery .

tomterm8

Where did you sign the original form?

I would advise you going to see citizens advice bureau, and getting a free ten minute consult with a professional lawyer. My feeling is you should really go ahead with the contract if you can, but you might have cancellation rights anyway.

Anihilator

CHRISSYG wrote: »

didnt mean to thank you ! dfs do deliver before a payment is made ,the 1st payment is taken a month after delivery .

No they don't

They deliver once finance is confirmed and payment received. The finance company are seperate.

OP you have not a leg to stand on. It was minor admin thing and they will be entirely allowed to enforce this contract.

MoneySavingNovice

Anihilator wrote: »

No DFS lost the finance paperwork. This doesnt void any contract.

This is True, however the fact that DFS has failed to delivery on the agreed date, means that they are in breach.

A court if it came to it is also likely to prefer this stance than trying to hide from the contract.

Reasonable point, however I don't believe that DFS would actually take this to the courts (why would it be in their interest?)

As DFS still have the furniture and have not been paid for this would suggest to me that they would have a difficult time in demonstrating any loss to the courts and thus receiving any compensation.

tomterm8 wrote: »

…I would advise you going to see citizens advice bureau, and getting a free ten minute consult with a professional lawyer. ……..

I fully agree

Anihilator wrote: »

…..OP you have not a leg to stand on. It was minor admin thing and they will be entirely allowed to enforce this contract.

Sorry I strongly disagree.
Jeffo has an argument that DFS are in Breach.
In order for DFS to enforce this contract, they would need to go to court. Given the documentation Jeffo which demonstrates DFS’s gross incompetence and the stated position of Jeffo that he does not want the furniture anymore, it is unlikely that the courts would enforce the contract.
The question would then be who was in breach and thus what compensation is due (if any) Given that neither furniture has been delivered and money has not been paid, it is likely that the courts will find for Jeffo. If they find for DFS then it would be reasonable that Direct and Demonstrated Costs are awarded to DFS. These are unlikely to be high, and it is reasonable that these will be subject to an audit.

neilmcl

MoneySavingNovice wrote: »

This is True, however the fact that DFS has failed to delivery on the agreed date, means that they are in breach.

Where did you figure that out? The OP has not mentioned anything about a specific, agreed delivery date. What he has done is made a number of excuses to try an get out of (his own words) the sale.

MoneySavingNovice

To answer the above;-

Jeffo wrote: »

....... 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.

neilmcl

Just because some salesperson said they were 99% sure that it might be delivered before Xmas doesn't make it a definitive agreed delivery date. In fact it would be unlikely they would have given him an actual delivery date until the finance had been completed.

DVardysShadow

MoneySavingNovice wrote: »

however the fact that DFS has failed to delivery on the agreed date, means that they are in breach.

Only if the contract specifies the date and that 'time is of the essence'

radford

If there isn't a valid credit agreement in existence then the contract for the goods has not yet been made, as the contract for the goods is dependant on the contract for the credit, as long as the trader (DFS) arranged the finance(which they did as it is DFS finance.
There is a valid credit agreement when the original credit agreement has been signed by both parties and you the consumer have a copy with both signatures on. The copy document that you got in the shop generally does not have the finance company signature on as they need to check you out for credit risk first.
So, if DFS have lost the paperwork, your application for credit cannot be forwarded to the finance company, so there will never be an enforceable credit agreement created and therefore the contract for the goods will not be created either.
So you should write to both DFS and the Finance company saying that you wish to withdraw (not cancel) and that as the two contracts are linked, that the contract for the goods also falls.
If of course they have found the original paerwork and the finance company have signed it and sent you a copy then it is too late for withdrawal. Under no circumstances sign a further application giving what is now incorrect information, as the finance company will go for you for fraudulent application.