DFS sofa poor quality thread bare!!!

JS1981

Hi unholy angel
If you have credit with a bank to pay for your sofa, and the product is faulty. Is it acceptable that the bank state it is for me to sort with the retailer and as the retailer is willing to repair the product (even after 4 previous attempts) they don't have to do anything? As this is the reponse I have recieved from Barclays Partner Finance.

Jules_Thompson

Thanks - well that sounds a little more positive eh?


I heard from DFS today but they are just saying we are out of warranty. I quoted sale of goods act and the following:

'Any sofa you buy should be of satisfactory quality, fit for the purpose specified and as described. Therefore if it is described as leather that is exactly what it should be. It should remain in good condition for a reasonable length of time without deterioration to the fabric. just because you have had the sofa for some time, this does not prevent you from making a complaint on the basis of premature or excessive wear and tear.
Retailers may also try and tell you there is nothing they can do because you are outside your warranty period, or because you don't have one. A warranty is irrelevant where quality and durability are concerned, and you have the right to a remedy under Sale of Goods.'


Did anyone see Watchdog last week - about poor quality and service from Harvey's. Maybe that should be my next step?

unholyangel

JS1981 wrote: »

Hi unholy angel
If you have credit with a bank to pay for your sofa, and the product is faulty. Is it acceptable that the bank state it is for me to sort with the retailer and as the retailer is willing to repair the product (even after 4 previous attempts) they don't have to do anything? As this is the reponse I have recieved from Barclays Partner Finance.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/86/86-consumer-credit.htm

read 86/08
(card provider refuses to consider claim under section 75 until consumer has first pursued the matter direct with the supplier)

The ombudsmans verdict was this:

complaint upheld
We were satisfied, from the evidence Miss V had provided, that the dinner service was not a matching set. So she had not been given what she had paid for with her credit card. Under section 75, she could seek redress from the supplier of either the goods or the credit.

We thought Miss V had taken reasonable steps to try to resolve matters with the supplier. Despite what the card provider appeared to believe, however, she was not obliged to have done this - or indeed to have returned the dinner service - before she could make a claim to the card provider.

We told the card provider that Miss V was not obliged to exhaust all possible avenues with the supplier before claiming under section 75. And we said we could see no reason why it should not pay the claim. The card provider argued that if it gave Miss V a refund then she would still have the dinner set, as well as getting her money back. It did not think this was fair.

I'd go back to them pointing out that they are jointly and severally liable - meaning you do not have to chase the retailer if you do not want to. Further to that, you clearly have tried to deal with the retailer.

Since section 75 of the CCA makes them jointly and severally liable, you have the same rights with them. Meaning any remedy must be done within a reasonable time and without causing significant inconvenience to the consumer.

How long have the 4 repairs taken each time?

DFS_representative

Hi JS1981 its Lauren at DFS,


I am very sorry to hear that you are having problems with your furniture that you purchased in September.


I would like the opportunity to look into this for you, if you could possibly give me a call in head office on 01302 330365 with your order details.


I look forward to hearing from you and hope that we can get this resolved as soon as possible.


Many thanks


Lauren
Head Office Customer Service
Tel: 01302 330365

JS1981

Hi Unholy

Ok, I have spoken to consumer direct again.

The first repaid they did in my house for 4 hours.

The second repair was done in their store. Sofa was picked up 9 Nov anddelivered back 16 Nov.

Third time fixed at our house for 5 hours!

Fourth time sofa went in 17 Jan and I received it back 22 February!

I am told that a first repair should be durable and long lasting. Theyhaven't resolved this 4 times! I think I have been more than reasonable.

I am now contacting the Financial Ombudsman for Barclays.

So stressful

JS1981

Thanks Lauren at DFS however you have been unable to help me so far. I wrotea letter of complaint on 29 April which you have been unable to help me with!! So what makes you think that this time willbe different. I want a replacement orrefund. No more repairs (I’ve given you4 chances!!) but unfortunately you cannot make that decision, only the storemanager can, who is rude and arrogant.
I am willing to give you one more opportunity to resolve the issue to my request so can you private message me and I will give you my number for you to call me on.

JS1981

Jules - I am happy to tag with you to complain to watchdog, more stories are better than one.

Jules_Thompson

Hi JS1981,


Sounds like a plan!


I have responded to one last email from the store (and copied in head office) so will give them an opportunity to reply to that first - but will nudge you via MSE should I need to take it further (which I am expecting to, to be honest).


Anyone else out there want to consider joining us?


I note that the DFS reps send the same old message out to everyone - (except me it seems lol) and would be really interested to hear if anyone else has had any luck contacting them direct after a message on MSE?

unholyangel

JS1981 wrote: »

Hi Unholy

Ok, I have spoken to consumer direct again.

The first repaid they did in my house for 4 hours.

The second repair was done in their store. Sofa was picked up 9 Nov anddelivered back 16 Nov.

Third time fixed at our house for 5 hours!

Fourth time sofa went in 17 Jan and I received it back 22 February!

I am told that a first repair should be durable and long lasting. Theyhaven't resolved this 4 times! I think I have been more than reasonable.

I am now contacting the Financial Ombudsman for Barclays.

So stressful

Okay I'd say the last one is unreasonable.

You can write an LBA to them, stating as they have failed to repair after 4 attempts, within a reasonable time and without causing significant inconvenience, you are requesting a refund.

You can also try your bank again with the same (that unable to repair within reasonable time and without causing significant inconvenience).

Complaining to ombudsman is another option, as is taking both retailer and card company to court (although make sure you send LBA's first to give them notice of your intentions). If you need help drafting a LBA just say.



Jules....people have had successful results after getting advice on here (sometimes they'll update their thread to let us know the outcome, sometimes they dont) but its not always a quick fix. Sometimes it takes perseverance.

JS1981

Hi unholy
I would prefer some help with the LBA, as I am not quite sure what this is.
Thank you, you are ever so helpful.