Can we go through small claims court?

dangeroussports

Everyone knows DFS produce nasty sofas which are slated throughout THIS very website.

DFS arent exactly quality products are they. They produce low quality products which are considerably cheaper than quality furniture makers.

If you earn good money, you should enjoy your earnings and have a quality home to come too.

Blacksheep1979

no you can't is the simple answer - will they settle before it gets that far after you issue the papers, probably, will you get named as a vexatious litigant and banned from the small claims court - maybe. Don't do it its ott and if you do (whilst its annoying that you took the time off work) I hope you lose.

Butlers1982

considering I earn the best part of £50 an hour

Im sure you very well do, But it still hasnt cost you any money though.

Did you NOT get paid for having the day off?? NO, therefore it hasnt cost you any money, Im sure someone who earns as much as you must be inteligent enough to work that out.


I used to be a manager of a catalogue company and you wouldnt believe how many people had jobs that paid £50-£100 per hour-when items werent delivered so they said, when they wanted compensation! yet they had £1000's outstanding!

I think your so funny!

mpython

I sympathise with your position, its so very annoying when firms fail to deliver, & waste your time through their incompetence.

As others have said, you are entitled to sue, but be prepared to lose, & have to pay DFS' legal costs. Unless the contract you entered into when you purchased the item set out service level penalties for failure to deliver, then you'll have very little chance of winning your case.

The only glimmer of hope I can see is that DFS supply chain, knew the item failed QC and then failed to tell you. Its not unreasonable for them to have told you this, so as you only have to use 1 day of your AL rather than 2.

I would start with their customer services, set out everything in a polite letter saying how disapointed you are, that you had taken time off specially, you expect a firm as big & well known as DFS to have at least called you when they knew they weren't going to deliver & not keep telling you it was 'on the wagon'.

With a bit of luck, they will make a goodwill payment to you.

Blacksheep1979

morgansdad wrote: »

considering I earn the best part of £50 an hour

What I'd like to know is why anyone on £100k a year would order from dfs in the first place?

smcaul

Why on earth does someones earnings make any difference to where they should shop or how they should be treated by that shop. I, and I am sure you guys would take great offence if someone earning 100k told you you should be shopping at Netto's and not Waitrose as you obviously cant afford it!!!!

People shop where they do for a varity of reasons, maybe the OP has some young children and only wanted a cheap disposable sofa for the kids to wreck, who are you to judge?

As for suing! Can't really see you getting very far, no real contract was entered into, you need to make sure when you specify delivery that you tell them you will charge for a failed delivery, thats what I do now. I would tell them they now need to deliver on your chosen day and time (weekend maybe?) or you will charge them a redelivery fee and see how far you get!!!

Dave_Brooker

smcaul wrote: »

Why on earth does someones earnings make any difference to where they should shop or how they should be treated by that shop. I, and I am sure you guys would take great offence if someone earning 100k told you you should be shopping at Netto's and not Waitrose as you obviously cant afford it!!!!

I shopped at a Netto, *once*, the state of other customers was almost as disturbing as the cheepo food...

dmg24

I took a day off to go to my GP. He got called out and therefore my appointment was cancelled. Should I take him to Small Claims to claim for my lost day?

mpython

Smcaul, your point is well made, don't fall for the baiting of others.

taxiphil

Blacksheep1979 wrote: »

will you get named as a vexatious litigant and banned from the small claims court - maybe.

This is complete and utter rubbish. Only a High Court judge can name someone as a vexatious litigant, and this happens incredibly rarely and only in the most exceptional of circumstances. A vexatious litigant is someone who abuses the civil court system by repeatedly suing the same party for the same thing (or minor variations thereof) as a form of harrassment, when the same claim has already been unsuccessful in a previous hearing because it is totally devoid of any legal merit whatsoever.

To suggest that the OP might be named as a vexatious litigant for suing DFS for failing to deliver furniture is preposterous (as I suspect you know perfectly well), and you should be ashamed of yourself for deliberately scaremongering on a consumer forum by coming out with hogwash like that.

While I can't advise the OP on whether their claim would be successful as I don't know the specifics, what I can say is that a contract doesn't have to exist in writing in order for one party to claim losses or out of pocket expenses from another party. In this case a contract was explicitly implied by the provision of a time/date of delivery, and the retailer's failure to deliver at this time directly caused the customer to suffer a loss (courts do place a financial measure on an individual's time if it can be shown that holiday allowance was lost from their employment).

Blacksheep1979 wrote: »

I hope you lose.

What a nasty piece of work you are.