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verbal contract with dfs?

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Hi,

this an abridged version as I have just spent 40 minutes outlining in detail just for this site to lose everything and log me out when I tried to preview my thread!! :mad:

-8 days ago visited dfs northampton to view a set of furniture.
-Wasn't sure whether would actually fit in room in the house but salesman stated that we could place the order then and if there was a problem with the size we could call them and either change the size or cancel.
-After re-checking we decided that the furniture would not fit and called within 72 hours to speak to the salesman with the intention of altering the order and discussing alternative pieces.
-No calls were received and we ended up dealing with a woman at the store who answered the phone who confirmed that "the order had been placed on hold" until we had spoken with the salesman and decided what we wanted to do.
-No call back was ever received from the salesman so we asked to speak with the store manager, again no call back was received so we told them to cancel the order as we believed we had the right to do so based on the agreement with the salesman and because of the poor level of service we were receiving. She then told us only the salesman could cancel the order but he wasn't available.
-After a week of numerous calls the manager, who was abrupt and rude called us back.
-He now states that we cannot cancel the order because it had been sent through to manufacturing and that they had spent money on a credit check (not according to my experian account they haven't).
-He also said that they weren't in the habit of telling people that they can't cancel the order because they don't sell to people who might not want the furniture.
-It has been left that the manager will have to ask the regional manager if he can cancel the order and he says he will call us back in 5 days?!
-Am I correct to think that the promise made to us by the salesman constitutes a contract that entitles us to cancel the order without penalty? After all, we would never have signed anything that removed our right to cancel on the basis of "it might fit" had we been informed at the time of signing.

Comments

  • Sandoval
    Sandoval Posts: 903 Forumite
    Forty minutes!?

    How long was the post you lost!? :D
  • pinkshoes
    pinkshoes Posts: 20,566 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If you bought on the basis that it was sold with the right to cancel should it not fit, then you should be allowed to cancel.

    Stop phoning them, and WRITE to them, detailing the time and date of the initial verbal agreement (and name of salesman), and then the times and dates you have called to cancel (as per agreement) where you have been fobbed off.

    Tell them as per the terms and conditions of the initial reservation, you consider the contract cancelled.

    Send recorded delivery.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • purplejac
    purplejac Posts: 122 Forumite
    can you tell us if you signed anything, ive seen this done before people dont realize that they are signing an agreement even if its just to hold the sofa this is a selling ploy and they still order the sofa anyway regardless,they only have one form that they use and the next thing that generally happens is the customer gets a call 12 weeks later saying their sofa is ready to deliver id advise writing to them as quick as possible, go into the store concerned and stay until you get it cancelled speak to the manager of the store they will give you all kinds of excuses ie its ordered from china especially for you, they cant cancel it, you will need to pay for cancellation, or the sales man got it wrong, please read my previous posts on the problems i had with dfs and hopefully it might help you, if all else fails contact trading standards.
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