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DFS lying to make a sale?
cctps
Posts: 2 Newbie
Hi there,
I'm asking this on behalf of my mom.
Last week, we were in DFS to purchase a sofa bed. We wanted a 2-seater, but the rep told us the smallest available was a 2-seater deluxe, which was £100 more expensive. Having looked on the internet yesterday, it has now become apparent that there is a 2-seater available.
We were asked did we want floor-guards and made it quite clear that we did not. We have been charged £15 for these.
The sales rep did not mention a delivery charge. We presumed there was not one given that previous sofa purchases have not included a charge (I presume given the amount we were spending). After checking the paperwork, this appears as a £49 charge.
The sales rep gave my mom no opportunity to read through the paperwork, and simply told her to initial the page that included all the charges. If I remember right, he said, 'don't worry about all the jargon, just initial here.' Now it seems clear why.
Mainly because he upsold us to an item, even though the one we wanted does actually exist, I believe we have been missold the item. The rep lied to us to make more money and thus more commission.
I know DFS are notoriously difficult to deal with, so thought I'd ask for your thoughts on whether this misselling leaves us with a leg to stand on?
Many thanks in advance!
I'm asking this on behalf of my mom.
Last week, we were in DFS to purchase a sofa bed. We wanted a 2-seater, but the rep told us the smallest available was a 2-seater deluxe, which was £100 more expensive. Having looked on the internet yesterday, it has now become apparent that there is a 2-seater available.
We were asked did we want floor-guards and made it quite clear that we did not. We have been charged £15 for these.
The sales rep did not mention a delivery charge. We presumed there was not one given that previous sofa purchases have not included a charge (I presume given the amount we were spending). After checking the paperwork, this appears as a £49 charge.
The sales rep gave my mom no opportunity to read through the paperwork, and simply told her to initial the page that included all the charges. If I remember right, he said, 'don't worry about all the jargon, just initial here.' Now it seems clear why.
Mainly because he upsold us to an item, even though the one we wanted does actually exist, I believe we have been missold the item. The rep lied to us to make more money and thus more commission.
I know DFS are notoriously difficult to deal with, so thought I'd ask for your thoughts on whether this misselling leaves us with a leg to stand on?
Many thanks in advance!
0
Comments
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Never sign without reading!
Try putting your complaint in writing.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!)0 -
The only problem is that our sofa is 2 weeks away from delivery. She's going to call up tomorrow and complain that she was lied to, but I wasn't sure if anyone else had had similar experiences.
Thanks for the reply.0 -
The only problem is that our sofa is 2 weeks away from delivery. She's going to call up tomorrow and complain that she was lied to, but I wasn't sure if anyone else had had similar experiences.
Thanks for the reply.
But she wasn't, was she? Did she ask, "is there a delivery charge" only to be old "no Madam"? No, she just assumed, didn't she... caveat emptor. Surprisingly, omission of the facts is not lying....0 -
But she wasn't, was she? Did she ask, "is there a delivery charge" only to be old "no Madam"? No, she just assumed, didn't she... caveat emptor. Surprisingly, omission of the facts is not lying....
It's not a case of caveat emptor and omission of relevant information by a retailer is an offence under the Consumer protection from unfair trading regulations.
http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf7.2 A practice can mislead by action or omission or both.
7.7 The list of information mentioned above includes the main factors consumers are likely to take into account in making decisions relating to products, for example the main characteristics of the product and the price or the way it is calculated. The full list follows:
k) delivery of the product
Misleading Omissions (regulation 6)
Giving insufficient information about the product
12 Practices may also mislead by failing to give consumers the information they need to make an informed choice (in relation to a product). This occurs when practices:
omit or hide material information, or provide it in an unclear, unintelligible, ambiguous or untimely manner,
and
the average consumer takes, or is likely to take a different decision as a result.
0 -
That is irrelevant, the OP's mum had all the paperwork clearly listed as to what was being charged, the delivery charge was not hidden or concealed.shaun_from_Africa wrote: »It's not a case of caveat emptor and omission of relevant information by a retailer is an offence under the Consumer protection from unfair trading regulations.
http://www.oft.gov.uk/shared_oft/business_leaflets/cpregs/oft1008.pdf
She just needed to read what she was signing or ask some obvious questions, assuming is a big mistake when making such a big purchase.0 -
2 issues here
The actual sales practice is likely to breach the consumer protection from unfair trading rregulations 2008 and is a matter for Trading Standards to enforce.
The actual contractual issue/civil issue is more complicated as there is no such thing as omission in contract law - only what was asked and what was said. That said, it sounds like there has been a misrepresentation regarding the 2 seater. The problem is proving the misreprestation as a form has been signed.
WHilst your mum may have been 'done over' she might have a hard time proving anything and getting out of the contract.0 -
She just needed to read what she was signing or ask some obvious questions, assuming is a big mistake when making such a big purchase.
"She just needed to read what she was signing", but as the OP already stated that:
it sounds like the salesman attempted (and succeeded) to get the paperwork signed without giving ample opportunity for it to be read, something that appears to be a clear breech of the regulation I linked to.If I remember right, he said, 'don't worry about all the jargon, just initial here.' Now it seems clear why.
12 Practices may also mislead by failing to give consumers the information they need to make an informed choice (in relation to a product). This occurs when practices:
omit or hide material information, or provide it in an unclear, unintelligible, ambiguous or untimely manner,0 -
A few things just don't add up with this thread.......
1.Posters mum would of been advised about DFS sofa care...no mention of that.
2.If mum was asked to initial the paperwork is wrong as it should of been signed for.
3.If the posters mum has been mis-sold a sofa bed why not contact the store where it was purchased as the contact details are on top of the order page as well as the persons name that advised on the sale on the bottom rather than post on here first.
4.Maybe you or your mum should of read the order rather just initialing the paperwork then you posting a claim of being mis-sold.
4.In DFS's defence all there furniture have individual prices attached to one of the arms If you remember right,so you would know what cost was.???
5.This smells of buyers remorse.0 -
We are sorry to learn you are unhappy with your order.We would love to see if we can help so please contact us on 01302 330365 andask for the Customer Service Department.
Kind regards
Customer Service - DFS
“Official Company Representative
I am the official company representative of DFS. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
We've got a kind of similar situation in that we believe we were mis-led about their eazi-glides! We recently bought and had delivered yesterday a sofa and pouffee.
During ourdiscussions, in store the Salesman showed us a sample of the DFS eazi-glide, (as per the onesshown on their website via a YouTube video clip), and took us to a sofa withthem on demonstrating their benefit against a sofa with none on.
We decided this was a good idea and so agreed to have them addedto the order, at a cost of £45.
However, when my furniture arrived yesterday, I was somewhatshocked to find that the eazi-glides that had been sent with the order, weredefinitely not the ones we’d seen online and been shown in store. They were merelysmall stick on pads. Most importantlythe sofa did not move as freely as we had been led to believe.
Therefore I deem that we were deliberately mis-sold and mis-led,as they did not match the sample shown and there was never any mention that theywould be in this form and are certainly not worth the money charged.
Am writing to them today requsting a refund, else next stop Office of Fair Trading!
Newbie :j0
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