Help: DFS Cancellation

Bexstar1709
Bexstar1709 Posts: 1 Newbie
edited 5 March 2014 at 2:23PM in Consumer rights
Hi, I recently went to DFS with the intention of looking around. I was approached my a sales man who went through all the typical sales speel. We had seen a sofa we liked and decided to ask more avout it. The salesman advised us that the best option would be a 4 year 0% interest package, (at this point i still wasn't 100% sure of we wanted finance) he also push on us 5 year warranty and other extras that we would have no real need for. He then proceeded to draw up the order along with a credit agreement.

He advised that the credit check would go through no porblem as I have had DD's coming out of my account at that address for over 2 years, he then proceeded to say that I would get a text about the outcome of the credit check the nest day but again reassured me that everything will be ok. He was pretty much pressuring me to sign the credit agreement and the order, which i done. After 5 days I had heard nothing back in relation to the credit check, so I decided to call DFS and they stated that they had the credit application back from Barcalys and it was unsuccessful.

Im am now left in a horrible situation that I would like to cancel the sofa with DFS but it states on the sales order that " you have 14 days to cancel the credit agreement but you will not have the right to cancel the order".
Where do I stand?
Many Thanks
Becky

Comments

  • Geodark
    Geodark Posts: 1,049 Forumite
    Part of the Furniture 1,000 Posts
    Don't want to sound insensitive here, but you haven't cancelled the credit - you were unsuccessful with the credit check - so chances are they haven't progressed your order anyway. Give them a ring, but I think you will find that they have cancelled the order since you didn't get the credit.
  • Faith177
    Faith177 Posts: 2,927 Forumite
    Part of the Furniture 1,000 Posts
    When I brought my sofa from DFS about 2-3 years ago they told me that if I failed the credit check then I would still have to pay for the sofa by other means and I'm sure I have seen threads recently that indicate that is still the case.

    Apparently the order goes in as soon as the sale is accepted regardless of if you have the credit in place or not. As I said this was a little while ago but might be worth checking
    First Date 08/11/2008, Moved In Together 01/06/2009, Engaged 01/01/10, Wedding Day 27/04/2013, Baby Moshie due 29/06/2019 :T
  • transient
    transient Posts: 528 Forumite
    Geodark wrote: »
    Don't want to sound insensitive here, but you haven't cancelled the credit - you were unsuccessful with the credit check - so chances are they haven't progressed your order anyway. Give them a ring, but I think you will find that they have cancelled the order since you didn't get the credit.
    I think you are thinking too much and in doing so will give incorrect advice.

    To the OP, DFS will proceed with the order and now tell you that you will need to find the cash or a guarantor. I would be very swift in telling them that you are unable to do so and get them to cancel this on their goodwill
  • transient
    transient Posts: 528 Forumite
    Faith177 wrote: »
    When I brought my sofa from DFS about 2-3 years ago they told me that if I failed the credit check then I would still have to pay for the sofa by other means and I'm sure I have seen threads recently that indicate that is still the case.

    Apparently the order goes in as soon as the sale is accepted regardless of if you have the credit in place or not. As I said this was a little while ago but might be worth checking
    When you bought.........
  • tinkerbell28
    tinkerbell28 Posts: 2,720 Forumite
    So much rubbish here.

    One, they don't submit the order until the finance has been done. Can you imagine if they did? They'd have loads of sofas people could not pay for. Anything they tell you is scare tactics to keep the sale. It's all to frighten you into coughing up. If you can't pay, you can't pay.

    They will huff and puff about your contract. But they will have to prove their losses.

    Pound to a pinch of **** they manage to "sell it on" or they will be able to "Deal with it when it arrives".

    You need to act now though. As any losses will have to be provable. This early in there won't be any. There is no way DFS will pursue you for costs, even if they had "started production"...There is no way one of the biggest sofa retailers in the UK couldn't quantify their losses and use it for another order.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DFS try to hold people to contracts but I know of more than a few who have managed to have theirs cancelled.

    I wouldnt go with the above, I'd simply tell them that they offered a sofa on 4 years 0% finance. If they want to hold you to your obligations, then they have to honour what was promised. For a contract to be balanced, it needs to be equally binding.

    Plus unfair contract terms place heavy scrutiny on any term which could be used to force the consumer to accept increased costs or reduced benefits. In other words, if they do have a term stating you're liable for the cost if you fail finance, it would likely be found unfair.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • bigbulldog
    bigbulldog Posts: 632 Forumite
    Part of the Furniture 500 Posts
    Sorry to say,but all the replies are just bad advise and wrong....


    So Op you have nothing to worry about as you have been declined for the finance they will NOT proceed with your furniture order,because they would not know if you had other methods to pay for it.

    Yes they will phone you to see if you can pay a 10% deposit(if not already) and the balance on delivery or even ask you if a friend or relative can effect the finance on your behalf.......BUT THE FURNITURE WILL NOT GO INTO BUILD for you until they have secured another method of funding it....

    Even if you have paid a deposit you are entitled to have this back without any penalty,but will take a number of days to go back into your account.
  • DFS_representative
    DFS_representative Posts: 34 Organisation Representative
    Hi its Lauren at DFS,


    I'm sorry to read about your problems with regards the finance agreement.


    Obviously you came into store looking to purchase on a finance agreement and this has unfortunately not been possible. I would like to reassure you that we would not proceed with the order without another method of payment being in place.


    I would be more than happy to assist you in this matter if you would like to give me a call at head office on 01302 330365.


    Thanks!


    Lauren DFS Customer Service
    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"
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