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DFS and the right to cancel a sofa
bmwbmwbmw
Posts: 2 Newbie
Myself and my girlfriend are in the process of buying our first home and on Sunday we decided to go sofa hunting to DFS.
As we apprached the door i immediately spotted a salesman standing in a position to attack his next victim. In we walked to be greated with my name is this, we have this on offer and i can do this, that and the other for you. I turned round to him and said were just looking and walked off, before i had even got round the first bend who was there to great us but the same salesman showing us the offer tags on each individual sofa, i again told him in a polite way we were just looking, he said ok and again reminded me of his name.
We walked off around the store looking at all the sofas and being asked by another sales rep if we needed his help we stated we didnt as we were just looking and continued to walk, sitting on a few couches as we walked on.
My girlfriend took a fancy to one particular sofa and we had a look around the store to see if there was any other similar sofas whilst doing this up popped our salesman again.
Asking had we seen anything we like, being honest people we told him we had and we were interested in a particular type of chair. We then sat down and he started asking us about our buying position, we stated we were buying a property to which he said we would be suited to the home buyers package. He went onto explain that the package ment we were allowed to secure the sofa set at a discounted rate and also as it was due to be discontinued this would allow us to get the sofa, he also stated this was subject to change on our terms i.e if the house fell through we could cancel the order but would need proof from a solictitor or estate agent, all he would need is a small of deposit of £50.
We werent happy about this and we also pointed out that we werent sure of the sizes of the room so wouldnt know what sofas to order and the measuements would be purely guesswork.
We went on for a bit longer and then the salesman stated that he had an idea that could help us and that ment getting rid of the deposit and that was to order the sofas on paper but not to supply our bank details until we were 100% happy, i stated to him if that was the case could we cancel the order at anytime to which he stated we could, as all we were doing was securing the sofa at the sale price and not ordering. This sounded like a good idea as we were releasing no bank details or cash upfront so we decided that we would go with this, so my girlfriend signed upto a sales contract which we were told it could be cancelled at anytime up to 6 months from todays date.
The next day DFS called my girlfriend and asked her for her bank details, to which she refused to hand over as she explained what she had been told by the salesman, she refused to speak to DFS further as they stated they wanted to progress the order.
Later on that day she told me what had happened and i told her to cancel the sofa immediately, unfortunately due to the time the store was shut so would have to phone the next day. On phoning DFS she told the management that she wished to cancel the order to which she was told that this was impossible. She explained again everything the salesman had told us and stated that she would not hand over her bank details and wanted the order cancelled immediately, she also pointed out the fact that even she knew the order wouldnt of been made by this point.
DFS would have none of it and stated that she had to supply her bank details, she refused and again asked to cancel and eventually put the phone down.
So were do we go from here we have signed no direct debit mandate and they state we cant cancel.
Bearing in mind we only went into the store on Sunday and today is Tuesday we are only into day 2 of a 14 day cooling off period as per our consumer rights.
TIP:- Dont go to DFS and thats what i will be telling my friends and family to.
As we apprached the door i immediately spotted a salesman standing in a position to attack his next victim. In we walked to be greated with my name is this, we have this on offer and i can do this, that and the other for you. I turned round to him and said were just looking and walked off, before i had even got round the first bend who was there to great us but the same salesman showing us the offer tags on each individual sofa, i again told him in a polite way we were just looking, he said ok and again reminded me of his name.
We walked off around the store looking at all the sofas and being asked by another sales rep if we needed his help we stated we didnt as we were just looking and continued to walk, sitting on a few couches as we walked on.
My girlfriend took a fancy to one particular sofa and we had a look around the store to see if there was any other similar sofas whilst doing this up popped our salesman again.
Asking had we seen anything we like, being honest people we told him we had and we were interested in a particular type of chair. We then sat down and he started asking us about our buying position, we stated we were buying a property to which he said we would be suited to the home buyers package. He went onto explain that the package ment we were allowed to secure the sofa set at a discounted rate and also as it was due to be discontinued this would allow us to get the sofa, he also stated this was subject to change on our terms i.e if the house fell through we could cancel the order but would need proof from a solictitor or estate agent, all he would need is a small of deposit of £50.
We werent happy about this and we also pointed out that we werent sure of the sizes of the room so wouldnt know what sofas to order and the measuements would be purely guesswork.
We went on for a bit longer and then the salesman stated that he had an idea that could help us and that ment getting rid of the deposit and that was to order the sofas on paper but not to supply our bank details until we were 100% happy, i stated to him if that was the case could we cancel the order at anytime to which he stated we could, as all we were doing was securing the sofa at the sale price and not ordering. This sounded like a good idea as we were releasing no bank details or cash upfront so we decided that we would go with this, so my girlfriend signed upto a sales contract which we were told it could be cancelled at anytime up to 6 months from todays date.
The next day DFS called my girlfriend and asked her for her bank details, to which she refused to hand over as she explained what she had been told by the salesman, she refused to speak to DFS further as they stated they wanted to progress the order.
Later on that day she told me what had happened and i told her to cancel the sofa immediately, unfortunately due to the time the store was shut so would have to phone the next day. On phoning DFS she told the management that she wished to cancel the order to which she was told that this was impossible. She explained again everything the salesman had told us and stated that she would not hand over her bank details and wanted the order cancelled immediately, she also pointed out the fact that even she knew the order wouldnt of been made by this point.
DFS would have none of it and stated that she had to supply her bank details, she refused and again asked to cancel and eventually put the phone down.
So were do we go from here we have signed no direct debit mandate and they state we cant cancel.
Bearing in mind we only went into the store on Sunday and today is Tuesday we are only into day 2 of a 14 day cooling off period as per our consumer rights.
TIP:- Dont go to DFS and thats what i will be telling my friends and family to.
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Comments
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What exactly did you sign?
Your rights to cancel vary depending on this. Unless goods are faulty, you are not automatically entitled to cancel.
Have you mistakenly signed a Credit Agreement?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »What exactly did you sign?
Your rights to cancel vary depending on this. Unless goods are faulty, you are not automatically entitled to cancel.
Have you mistakenly signed a Credit Agreement?
No we did not sign a credit agreement0 -
No we did not sign a credit agreement
So what did you sign? More importantly, what is the cancellation terms around this? They should have given you a copy away with you.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
we signed a sales contract not any credit agreement.0
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Bearing in mind we only went into the store on Sunday and today is Tuesday we are only into day 2 of a 14 day cooling off period as per our consumer rights.
You don't get a cooling off period if you signed up on their place of business. The cooling off period you refer it is only if you sign away from their normal trading location (ie your home)...If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands
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bmwbmwbmw2 wrote: »we signed a sales contract not any credit agreement.
And have you actually looked through the terms and conditions?
I think i saw somewhere the other day that if it is signed at the traders place of business, you're not legally entitled to cancel a contract unless they havent signed it (the latter applies to at least financial agreements).You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
bmwbmwbmw2 wrote: »we signed a sales contract not any credit agreement.
What do the T&Cs that you signed say about your cancellation rights?
Did you read them before signing, or did you trust that the salesman would be putting your interest first before his commission?0 -
Fiddlestick wrote: »What do the T&Cs that you signed say about your cancellation rights?
Did you read them before signing, or did you trust that the salesman would be putting your interest first before his commission?
We put the trust of a sales person through, the other thing we have thought about is doing a credit check on the items ordered as my girlfriend cant get credit at the mo so then they would not be able to sell to us.0 -
bmwbmwbmw2 wrote: »We put the trust of a sales person through, the other thing we have thought about is doing a credit check on the items ordered as my girlfriend cant get credit at the mo so then they would not be able to sell to us.
I wouldnt be too sure. What you have more or less signed is a legally binding document promising to buy that sofa/suite from them at xxx price. How you get the money is not usually their main concern.
What i would definitely do is go through the T&Cs to see if you have ANY grounds for cancellation at all and what exactly you have promised and when you have promised to do it by.
Also send a formal complaint in writing to their business address recorded delivery and keep a copy for your own records should it progress to that level.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I dont suppose anyone has their customer services telephone number?0
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