DFS Order Cancellation

shah11

Hello everyone,

I am sitting in tears writing this post. I went to my local DFS and placed an order for a sofa 3 days ago since we are moving in to a new house. I applied for credit funding by taking their 4 years interest free credit. I paid an initial deposit through my husband's credit card and yesterday I got the text message that my credit application was approved.

Today my husband's brother called us and told us that he was going to give us a sofa he had it somewhere which looks great in pics and just what we need. I straightaway phoned the credit company to cancel the arrangement as it is within 14 days. That was all done but was told that the retailer will still enforce the agreement. I was shocked.

I went through all the paper work I was given and all it says that its a legally binding agreement. It does not say anywhere whether I can cancel the order or not or any cooling off period. I phoned that store and they said it can not be cancelled. Spoke to the customer services team on the phone but got told the same statement. My husband was accused of "shouting at them" while I was sitting next to him but he was only being assertive of the fact that If an order could not be cancelled, why it is not mentioned in the paperwork.

Now I am sitting here cursing myself as being blamed for all this mess.

Could someone please let me know what can be done? I think my local store manager (not sure if he was a real manager) phoned me back saying that the order had already gone to the manufacturer and can not be cancelled. And I had no right whatsoever to cancel it.

Could someone please help me what to do? I honestly am so tensed and depressed.

SeduLOUs

shah11 wrote: »

If an order could not be cancelled, why it is not mentioned in the paperwork.

If there is no wording about whether or not you can cancel, then unfortunately that means you cannot cancel it, so I think you are stuck with it. They don't have to include the things they won't do into the contract.

Sofas are usually built to order, so cooling off periods don't really work, and if people could cancel everytime they found something better then people would just order from everywhere and keep the cheapest.

unholyangel

You can cancel, but you will be responsible for reasonable losses they have incurred due to your breach of contract.

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,20 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.

If a term is unfair, it is legally unenforceable.

shah11

Many thanks for the replies. The store manager phoned again this morning telling the same story that it can not be cancelled in any circumstances.

I dont know where to go from here. totally lost

unholyangel

shah11 wrote: »

Many thanks for the replies. The store manager phoned again this morning telling the same story that it can not be cancelled in any circumstances.

I dont know where to go from here. totally lost

Did you try telling them what I said above?

If so, put it in writing to them so you have a paper trail of you attempting to cancel and them denying it (in other words, failing to mitigate their losses).

mountainofdebt

Without wishing to sound unsympathetic, I think you need to put some perspective on this.

You were happy buy the sofa. You were looking forward to getting the sofa for your new home.

Now,after your BIL offers you a freebie, you're in tears, tensed up and depressed.

Yes I too would be cursing (but only because of the bad timing) but I would put it behind me and get on with things

shah11

I was in tears because of their bad attitude and insulting sarcastic behavior towards my husband. He was trying to make a point by being assertive but was told he was shouting at them.

We will not touch DFS again thats for sure. Even if they are selling something for the cheapest price in the entire wold. I wish I could have checked their reviews and after sale service feedback. This was a once and for all business. We finally decided to give up and to proceed with our original order. Dont like anymore hassle if things cant be sorted in a smooth way.

Their customer service is pathetic I must say. You would not expect such a bad service from big brand like them. Having spoken to their customer service, you start to think if you are actually living in a civilized developed country or somewhere else?

Helix

I think its an industry thing, most furniture chains are the same. SCS and Harveys both make it hard to cancel.

Morglin

shah11 wrote: »

I was in tears because of their bad attitude and insulting sarcastic behavior towards my husband. He was trying to make a point by being assertive but was told he was shouting at them.

We will not touch DFS again thats for sure. Even if they are selling something for the cheapest price in the entire wold. I wish I could have checked their reviews and after sale service feedback. This was a once and for all business. We finally decided to give up and to proceed with our original order. Dont like anymore hassle if things cant be sorted in a smooth way.

Their customer service is pathetic I must say. You would not expect such a bad service from big brand like them. Having spoken to their customer service, you start to think if you are actually living in a civilized developed country or somewhere else?

One man's "assertive" is another man's "stroppy buggar"......;)

To be honest, not many furniture shops do let you order and then cancel, because you've been offered a freebie.

Lin

Gavin83

I'm going to be (maybe brutally) honest. We get a LOT of people on here who are dealing with rude staff. I think in the vast majority of cases if the retailer doesn't do exactly what the customer wants the customer then labels them as having a bad attitude. If your husband was being 'assertive' with them I can understand them being a little upset. Your husband is arguing with them over something he has no right to so they may get a bit abrupt. Can you honestly hand on heart saying he wasn't raising his voice at all with them?

The fact of the matter is you ordered an item that couldn't be cancelled, you knew this at the time. This wouldn't be a problem were it not for the fact you were offered a free option. This is not the shops fault so stop blaming the shop because they won't accommodate your sudden change of circumstances.

DFS haven't done anything wrong. There really is no reason to get upset about this. Just enjoy your new sofa when it arrives.

I have to ask though as a final point, what do you mean by 'being assertive'?

unholyangel

Gavin83 wrote: »

I'm going to be (maybe brutally) honest. We get a LOT of people on here who are dealing with rude staff. I think in the vast majority of cases if the retailer doesn't do exactly what the customer wants the customer then labels them as having a bad attitude. If your husband was being 'assertive' with them I can understand them being a little upset. Your husband is arguing with them over something he has no right to so they may get a bit abrupt. Can you honestly hand on heart saying he wasn't raising his voice at all with them?

The fact of the matter is you ordered an item that couldn't be cancelled, you knew this at the time. This wouldn't be a problem were it not for the fact you were offered a free option. This is not the shops fault so stop blaming the shop because they won't accommodate your sudden change of circumstances.

DFS haven't done anything wrong. There really is no reason to get upset about this. Just enjoy your new sofa when it arrives.

I have to ask though as a final point, what do you mean by 'being assertive'?

I disagree. They've refused/failed to mitigate their losses for a start (as per my previous post about wrongful cancellation).