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DFS Sofa unable to cancel order!

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  • Their "terms" are irrelevant as they breach your consumer rights. There is no contract until you have paid, end of. As you haven't, then you can withdraw without loss.

    Using this logic, what's to stop me going into any of the shops that offer a "nothing to pay for a year" deal, buying loads of goods then just before the payment is due, contacting the shop and telling them to collect their stuff?

    After all, I've not paid anything so I have no contract with the shop so they would have no legal right to chase me for the money.


    There are loads of situations where goods and services are supplied in advance of any payment being made, and do you honestly believe that none of these are legally binding simply because no money had changed hands?
  • kellbing
    kellbing Posts: 25 Forumite
    Just had a call from DFS manager and he has said ask my parents ( im not going to ask them) and if they wont they will cancel the order. I am going to call him back tomorrow and ask that they cancel it. Finger crossed they will cancel.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Using this logic, what's to stop me going into any of the shops that offer a "nothing to pay for a year" deal, buying loads of goods then just before the payment is due, contacting the shop and telling them to collect their stuff?

    After all, I've not paid anything so I have no contract with the shop so they would have no legal right to chase me for the money.


    There are loads of situations where goods and services are supplied in advance of any payment being made, and do you honestly believe that none of these are legally binding simply because no money had changed hands?

    Those are finance deals and the shop has been paid by the finance company. Plus you have the goods. Completely different from this situation
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • Honeydog
    Honeydog Posts: 877 Forumite
    kellbing wrote: »
    Just had a call from DFS manager and he has said ask my parents ( im not going to ask them) and if they wont they will cancel the order. I am going to call him back tomorrow and ask that they cancel it. Finger crossed they will cancel.

    That's brilliant news - well done for sticking your ground. :j:j:j
    Don't grow up. Its a trap!

    Peace, love and labradors!
  • Valli
    Valli Posts: 25,454 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    kellbing wrote: »
    Just had a call from DFS manager and he has said ask my parents ( im not going to ask them) and if they wont they will cancel the order. I am going to call him back tomorrow and ask that they cancel it. Finger crossed they will cancel.


    Nice one. You will, of course, say you asked your parents but they were unable to help;) - and that you appreciate how helpful he's been;););););)
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    10.2 If a term could be used to force the consumer to accept increased costs or
    penalties, new requirements, or reduced benefits, it is likely to be
    considered unfair whether or not it is meant to be used in that way.

    A standard term is unfair 'if, contrary to the requirement of good faith, it
    causes a significant imbalance in the parties' rights and obligations arising
    under the contract, to the detriment of the consumer'– Regulation 5(1).
    Unfair terms are not enforceable against the consumer.

    18.1.1 If a contract is to be considered balanced, each party must be subject only
    to obligations which he or she has agreed to accept. Any kind of term
    which allows the supplier to impose an unexpected financial burden on the
    consumer gives rise to concern.

    18.2.1 A contract may be considered unbalanced if it contains a term the supplier
    is better able to bear. A risk lies more appropriately with the supplier if:
    • it is within their control
    • it is a risk the consumer cannot be expected to know about, or
    • the supplier can insure against it more cheaply than the consumer



    Pretty clear imo that requiring the consumer to find alternative means to pay is unfair given finance was part of the deal. AS others have said, would be different if the consumer had arranged their own finance but since finance was taken as the payment method, it is what has been agreed by both parties.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Exactly. If I go to buy a sofa and my card is declined, I am under no obligation to find another form of payment. Glad it is sorted!
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • You really need to stand your ground with DFS. I impulsively placed an order with DFS on Saturday and when I got home my boyfriend avised me that the furnitire was too big. I panicked and called the store back the following day and placed the order on hold. I could not find a suitable alternative so asked to cancel the order. They advised me this was not possible on finance as the funds go straight to DFS from the finance company. This is a LIE! Hitachi capital give you a 14 day cooling off period to cancel. I cancelled the finance and then advised DFS I still wanted to cancel. They informed me this was not possible & I would need to pay via credit or debit card. I advised I did not have that money and could not pay. I was advised I needed to speak to the manager. I called him three times as he did not return my call. He eventually called me at the end of the day and I advised him that I had sought legal advice and as I signed the agreement based on a finance agreement and the finance had been cancelled I was not liable. I also stated that the furniture would not be loaded into manufacture until the funds had been sent to DFS from the finance company. As you have a 14 day cooling off period with the finance company DFS would not receive the funds until after 14 days. I hope this helps some people as this issue stressed me out. At the end of the day if they dont cancel the order you will refuse delivery and refuse to pay for it so they have no option but to cancel. You wont get anywhere will the sales person. Esculate it to management.
  • this is how it works !!! you order the sofa and dfs send the app to santander the sofa WILL NOT BE ORDERED UNTIL SANTANDER SAY YES !!then the sofa is ordered and you wait for delivery once the sofa is delivered you sign to say you have received the sofa the paperwork then goes back to dfs office and a worker logs to say you have signed THAT IS WHEN SANTANDER PAY FOR THE SOFA !! now dfs will tell you you cant cancel but if you just tell them cant pay cash then they will not order the sofa as they know you cant pay !!! DFS call this a DEAD DEAL !! also dfs will never get paid for the sofa untill you have had the sofa delivered INTO (notoutside) your home ergo if you tell them you will never sign they know they will never get paid if they tell you any different then tell them that you want the number for IAN FILBY they will then leave you alone hope this helps you all :-)
  • rabialiones
    rabialiones Posts: 1,962 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    sorry to hijack the post
    would this be the same case with scs
    Nice to save.
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