DFS - Advice needed!

kjglen24

Hi all,

My partner and I went to DFS today and ordered a sofa (12 weeks lead time) and took out finance (in his name) however when we got back and measured the sofa does not fit (looked smaller than our current one in the store) anyway read online everywhere you can't cancel? Any advice? I mean we only took the credit agreement out today so can easily cancel that (14 day cooling off period)

Thanks in advance

powerful_Rogue

kjglen24 wrote: »

Hi all,

My partner and I went to DFS today and ordered a sofa (12 weeks lead time) and took out finance (in his name) however when we got back and measured the sofa does not fit (looked smaller than our current one in the store) anyway read online everywhere you can't cancel? Any advice? I mean we only took the credit agreement out today so can easily cancel that (14 day cooling off period)

Thanks in advance

If their policy is no cancellations then im afraid theres not much else you can do. Maybe go in and talk to the manager and see if a compromise can be reached, however if that dosent work then your out of luck im afraid.

If you cancel the credit agreement, you'll still have to pay for the sofa and that could get messy if you refused to pay.

keyser666

Call them tomorrow and make them aware first thing, go in and find a sofa of similar quality and look if you feel they have one if not cancel it. I think you might just get away with a cancellation due to the time scales invloved

powerful_Rogue

keyser666 wrote: »

Call them tomorrow and make them aware first thing, go in and find a sofa of similar quality and look if you feel they have one if not cancel it. I think you might just get away with a cancellation due to the time scales invloved

If they find a suitable sofa instore the manager may change the order as a gesture of goodwill, however as this is an instore purchase, if their policy is no cancellations then the OP has no rights.

unholyangel

Either party are free to cancel a contract and receive a refund of any prepayments - especially if the contract has not been performed or no significant benefit has been enjoyed.

In the event of the customer cancelling without justification (ie suppliers breach of contract), they are liable for losses reasonably incurred by the supplier as a direct result of the customers breach. However they are only entitled to their losses. Any term stating the full contract price is due would amount to a financial penalty under UK law which is unfair and legally unenforceable.

DFS feature regularly on MSE for this very reason (telling people they cant cancel). If you read previous threads you will see people have been told they cant cancel but upon quoting the above (and some other bits and pieces) DFS miraculously do a uturn.

Make sure you don't waste time though as the longer you leave it, the more likely their losses will increase.

unholyangel

powerful_Rogue wrote: »

If they find a suitable sofa instore the manager may change the order as a gesture of goodwill, however as this is an instore purchase, if their policy is no cancellations then the OP has no rights.

Common misconception.

They have no right to cancel free of charge. That is not the same as having no right to cancel

powerful_Rogue

unholyangel wrote: »

Common misconception.

They have no right to cancel free of charge. That is not the same as having no right to cancel

Thanks, learn something new everyday!

bris

unholyangel wrote: »

Either party are free to cancel a contract and receive a refund of any prepayments - especially if the contract has not been performed or no significant benefit has been enjoyed.

In the event of the customer cancelling without justification (ie suppliers breach of contract), they are liable for losses reasonably incurred by the supplier as a direct result of the customers breach. However they are only entitled to their losses. Any term stating the full contract price is due would amount to a financial penalty under UK law which is unfair and legally unenforceable.

DFS feature regularly on MSE for this very reason (telling people they cant cancel). If you read previous threads you will see people have been told they cant cancel but upon quoting the above (and some other bits and pieces) DFS miraculously do a uturn.

Make sure you don't waste time though as the longer you leave it, the more likely their losses will increase.

What pure and utter nonsense, do you actually believe what you post.

bris

powerful_Rogue wrote: »

Thanks, learn something new everyday!

No your right, this is utter rubbish and he doesn't know what he is talking about.

unholyangel

bris wrote: »

What pure and utter nonsense, do you actually believe what you post.

Well if you dont believe me, perhaps you'll believe OFT.

4.1 Terms are always likely to be considered unfair if they exclude the
consumer's rights under contract law to the advantage of the supplier. A
basic right of this kind is to receive a refund of prepayments made under a
contract which does not go ahead, or which ends before any significant
benefit is enjoyed. In certain circumstances consumers are entitled to a
refund even where they themselves bring the contract to an end.


4.3 Where customers cancel without any such justification, and the supplier
suffers loss as a result, they cannot expect a full refund of all
prepayments. But a term under which they always lose everything they
have paid in advance, regardless of the amount of any costs and losses caused by the cancellation, is at clear risk of being considered an unfair
penalty – see Group 5.

4.5 A way to improve the fairness of such a term is to ensure that it does not
go beyond the ordinary legal position. Where cancellation is the fault of the
consumer, the business is entitled to hold back from any refund of
prepayments what is likely to be reasonably needed to cover his net costs
or the net loss of profit resulting directly from the default.18 There is no
entitlement to any sum that could reasonably be saved by, for example,
finding another customer.

4.6 Alternatively, the prepayment may be set low enough that it merely reflects
the ordinary expenses necessarily entailed for the supplier. A genuine
'deposit'– which is a reservation fee not an advance payment – can quite
legitimately be kept in full, as payment for the reservation. But of course
such a deposit will not normally be more than a small percentage of the
price, otherwise it is liable to be seen as a disguised penalty (see paragraph
5.8).


5.1 It is unfair to impose disproportionate sanctions for breach of contract. A
requirement to pay more in compensation for a breach than a reasonable
pre-estimate of the loss caused to the supplier is one kind of excessive
penalty. Such a requirement will, in any case, normally be void to the
extent that it amounts to a penalty under English common law. Other types
of disproportionate sanction are considered below – Part III, Group 18(c).


5.6 Cancellation penalties and charges. A term which says, or is calculated to
suggest, that inflated sums could be claimed if the consumer cancels the
contract is likely to be challenged as unfair. For example, a penalty for
wrongful cancellation that requires payment of the whole contract price, or
a large part of it, is likely to be unfair if in some cases the supplier could
reasonably reduce ('mitigate') his loss. If, for example, he could find
another customer, the law would allow him to claim no more than the likely
costs of doing so, together with any difference between the original price
and the re-sale price.

5.7 There is unlikely to be any objection to terms which fairly reflect, in plain
language, the ordinary legal position – that is:
• requiring the consumer to pay a stated sum which represents a real and
fair pre-estimate of the costs or loss of profit the supplier is likely to
suffer, or
• stating simply that the consumer can be expected to pay reasonable
compensation, or compensation according to law.
Note, however, that a term which purports to reflect the law on damages is
open to challenge if it is potentially misleading.

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf

unholyangel

bris wrote: »

No your right, this is utter rubbish and he doesn't know what he is talking about.

She.

The above is the same legislation for the basis of MSE's "is a deposit ever refundable".

If you want to answer based on your opinion rather than law then thats up to you. But remember, its a consumer rights forum. If you have a problem with people being told their rights then perhaps this isnt the board for you.

We've had this discussion numerous times and every time I quote my sources yet you can't quote any that back up your position. Would you like to change your habits and quote your source now? Or are you just going to keep proclaiming your opinion as fact?