Help! DFS refusing to cancel order after they have denied credit agreement!

somethingcorporate

pinkshoes wrote: »

I'd write to them saying the purchase was subject to their own finance package, so as they are unable to meet this part of the contract, then you can no longer meet your part of the contract. Tell them that you are happy to cancel, or you will offer them £100 for the sofa, or perhaps they'd like to give it to you for free??

The issue is they probably signed paperwork that contradicts this.

Hintza

Do NOT hand anything to the manager, any correspondence must at least have a cert of posting, pref. recorded, So you have some evidence you sent them something.

Elle7

Does your girlfriend have a copy of her paperwork?

We've been given a sofa ordered from DFS, including all the finance paperwork. It was signed a month ago, so I presume yours will be the same. It does have a lot of fluff about finance and payments and Santander owing the money, but in the small print underneath states that if the finance application fails, or if you cancel the finance application within the cooling off period, you are still liable to purchase the sofa through another method such as a credit card or debit card, or by paying a deposit and the rest on delivery.

If your girlfriend has signed the same, she might find this very difficult to get out of.

As an aside, I have known people to borrow the cost of the sofa and offer DFS payment in full for a reduction in the cost - you could try this, if you can find a good loan, although it will depend on your credit rating.

Good luck in trying to sort it out - they do behave as reasonable people until you are contracted in, then seem to go out of control. I am not looking forward to having one of their sofas, warrantee or no warrantee.

unholyangel

Elle7 wrote: »

Does your girlfriend have a copy of her paperwork?

We've been given a sofa ordered from DFS, including all the finance paperwork. It was signed a month ago, so I presume yours will be the same. It does have a lot of fluff about finance and payments and Santander owing the money, but in the small print underneath states that if the finance application fails, or if you cancel the finance application within the cooling off period, you are still liable to purchase the sofa through another method such as a credit card or debit card, or by paying a deposit and the rest on delivery.

I imagine that term of the contract is unfair. Given you cannot exclude the consumers right of cancellation. And by stating they are liable to continue with the purchase is (imo) misleading and trying to restrict their right of cancellation.

If they said that you would incur reasonable costs (depending on work done) if you cancel, fine. But if they outright say even if finance fails, you cant cancel......its an unfair term and legally unenforceable imo.

Mitigation - company could have waited until finance was cleared before starting work - therefore that would have been a huge mitigation of loss on their part, probably only leaving a small admin fee (if anything).

arcon5

Forget what the paperwork states - they have no money, their losses are nothing more than a bit of administration.

This is a very questionable tactic they use. Tell them to shove their demands, cancel the order and not contact you again. They may get in a huff, make some threats blah blah blah, but ultimately there isn't really much they can or will do.

I can think of a few choice words, although probably best telling them in a firm but polite manner:p
Just don't be sucked in to their games - tell them straight and get on with life

maninthestreet

Can you borrow the money you beed from parents/relatives or friends?

Hintza

People need to insert their own clause in to the contracts before signing.

"Subject to finance approval"

These companies really are taking the proverbial!

arcon5

After the way they've behaved, I certainly wouldn't recommend borrowing money from relatives to complete the transaction.

If this is the level of CS at sales level, i'd dread to think what it would be like at post-purchase level (or could just read the many posts around here for examples )

somethingcorporate

Yep, it does take the mick.

Imagine it happening in a shop if someone has their credit card declined. You would not expect them the shop keep demand they find another method to pay (cash, debit card etc) you'd just let them walk.

This should be no different.

pinkshoes

Elle7 wrote: »

in the small print underneath states that if the finance application fails, or if you cancel the finance application within the cooling off period, you are still liable to purchase the sofa through another method such as a credit card or debit card, or by paying a deposit and the rest on delivery.

If the T&Cs do say that, then I'd say it's easily classified as an unfair T&C, as why on earth would someone take out expensive credit if they had the cash to buy the sofa?!?

BoltonCrisis - don't let them bully you. Either negotiate a VERY cheap cash price for it, or tell them no thank you.

Also, don't let them try and talk you into a more expensive credit rate, which I imagine might be another tactic up their sleeve!