Credit agreement when part of the order was refused delivery

zahariel

Hi - Longtime reader but first time poster here. I hope someone may be able to help.
My mother purchased 2 sofas through 0% finance - She did so in store and honestly believed that the sofas would both fit in her front room. They were not custom pieces and just standard productions with no customer specifications.

When they arrived she found out that only one would fit in the room - both could be delivered, they will fit through the doors but the room is not large enough to handle 2 4 seaters. She swears that they were 3 seaters in the store... though she may have been mistaken.

She has a 24 or 48 month loan agreement for the full price of the 2 sofas coming to roughly £2700. She has accepted delivery of 1 of the sofas and is really pleased with it - the other has gone back to the store, it never left the truck. The driver said that there would be a 20% fee for the cancellation which was reiterated by the store manager. My mother has refused to pay this whilst talking to the manager and they agreed to sort it out in store this week.

I was wondering where my mother stood legally? I know the DSR don't apply due to her buying instore, though their T&C state:

"Should you wish to return the goods it is your responsibility to take good care of the furniture. You are the owner of the furniture once it has been delivered to you and you are liable for any loss or damage."

That would seem to imply that as she never accepted delivery of the 2nd sofa, it isn't her property and is still the stores, can she have the loan agreement amended to show this? (efectively halving all the details) If not then what can they legally charge her for the return of the sofa, bearing in mind that the item in question, though being built isn't a custom item and just a standard order. It'll most likely go back into storage until someone else orders one...

Is she just going to have to swallow the 20% fee for returning it? their T&C state:

"It is your responsibility to return the items to our central delivery point in a good condition However DFS recognise that many customers do not have the means to do this, and so will arrange collection during normal business hours (Monday to Friday) if requested. In such circumstances a charge of up to 20% of the price of the furniture will be made to cover the cost of collecting the items. This charge will be calculated according to the number of items to be returned, availability of a delivery vehicle, your location and complexity of removal."

How can they charge this for the collection of the item if it was never truly delivered in the first place? surely the fee must be identical whether the item is £1,300 or £13,000. I have read that they may charge this for the devaluing in the price of the sofa - they now may claim it is 2nd hand...

Thank you for any and all help and advice you can offer - I just want to be forewarned before I go with her to the store next week.


Hope you are all enjoying the olympics too




Thanks,
Anthony

Forwandert

None of the above situation is really the fault of the supplier. When ordering something it's pretty standard to ensure it will fit in the room it's ordered for. Where the sofas priced separately? Or as a set? If it's a set everything's going to get a little more complicated especially if your mother has used half the set.

As it is at the minute your mother owns both sofas wether delivered or not and isn't in that good a position to argue anything. It's her own fault.

wealdroam

Your mother bought two sofas.

She has now changed her mind.

Of course both sofas are her property, and of course she must pay for them.

Whether she wants them in her house, or wants to leave them in the store, is her choice.

Hope that helps.

bris

I only read the first few lines, the most relevant ones. The supplier is not to blame for your mother ordering goods that don't fit in her room.
She still has a contract for both and there is now only a goodwill resolution to suit you both.

zahariel

Thanks for the responses - She bought 2x 1 sofa.

I have already admonished her for not making sure before hand that they would fit and doing all the measuring. I'm hoping that DFS will let us exchange the returned one for a single seater and let us change the credit agreement.

Fingers crossed - I already had a feeling that it would be down to their good will.

Otherwise I will help her out on the 20% fee and she can take care of the £1350 owed for the single sofa.

pinkshoes

The only other option is taking the sofa then selling it herself, but I imagine the 20% fee would be by far the best option, as it is entirely her fault!

Ohps.

zahariel

They have agreed to drop the charge and accept the sofa back - My mum has ordered a 2 seater instead.

Great outcome!!

Thanks again for all the replies

arcon5

Nice result. Companies are often more flexible when you seek an exchange rather than a refund