Word of warning people stay away from DFS

dontbuyfromdfs

Right folks, looks like bad news, complaint to finance company had a email saying they have decided DFS are in the right !!!!!!! and DFS don't cancel the agreement and insist on a repair and they have ordered the 'parts' which are instore ready to be used! When I had clearly told them I will not accept a repair from a item I received faulty these are pretty major faults which I know a repair will not fix


I feel as if they are making me out to be the bad one here, I spent well took credit of over £2k which is a big item, and I expect it to be brand new. Finance company have told me to take it up with the furniture ombudsman and I can report them to the FOS?


edit I had quoted DFS the SOGA and the finance Hitachi the credit consumer act section 75 but this seemed to have no difference


They are telling me DFS are within their rights to offer me a repair !
Surely under the credit consumer act they shouldn't be taking any payments for a item which is in dispute?


Any further advice appreciated as I will not be taking for a ride by these !!!!!!

hollydays

What are the faults?

bod1467

The LAW says that a consumer has a reasonable time to inspect and accept/reject goods. If the goods arrived faulty the consumer is allowed BY LAW (Sale of Goods Act 1979*) to reject the goods and rescind the contract. The consumer is NOT obliged to accept any other remedy if acceptance has not occurred. (Once goods are deemed accepted then the retailer can offer any of the 3 remedies - repair, replace, refund).

* I'm not aware that the Consumer Contracts Regulations 2013 change this fundamental right in SOGA.

bukko

tykesi wrote: »

So based on your poor experience I should avoid DFS?

I'll make my own mind up, thanks all the same!

What an intelligent and helpful comment.

frugal_mike

bod1467 wrote: »

* I'm not aware that the Consumer Contracts Regulations 2013 change this fundamental right in SOGA.

That's right, The Sale of Goods Act is unaltered and applies in full.

frugal_mike

Dontbuyfromdfs, have you tried quoting the relevant sections of the Sale of Goods Act to the Credit Supplier. They are clearly unfamiliar with the laws they are bound by, or are hoping you are unfamiliar.

They were correct that you can report them to the Financial Ombudsman. Any decision they make in your favour is binding on the Credit Provider (i believe), but any decision against you is not binding on you. If they rule against you then you can still file a small claim against both the seller and the Credit Supplier.

I'm sure I have read examples on the Financial Ombudsman website where they have ruled against Credit Providers that said the consumer had to accept repair rather than refund in cases similar to yours.

bukko

If I were you, at this point I would be contacting DFS head office to find out what their policy would be in situations like this.

If their response is positive you have some ammo for your store.
If not, this would be a good one for Watchdog...

dontbuyfromdfs

bod1467 wrote: »

The LAW says that a consumer has a reasonable time to inspect and accept/reject goods. If the goods arrived faulty the consumer is allowed BY LAW (Sale of Goods Act 1979*) to reject the goods and rescind the contract. The consumer is NOT obliged to accept any other remedy if acceptance has not occurred. (Once goods are deemed accepted then the retailer can offer any of the 3 remedies - repair, replace, refund).

* I'm not aware that the Consumer Contracts Regulations 2013 change this fundamental right in SOGA.

Many thanks for all the replies and advice it's appreciated


There's several faults not enough padding in arm rests, head rests don't align and chrome work is pitted discolored with black marks and mis shaped which clearly can't be polished out. Pretty major faults

As for the soga dfs keep telling me they have met their obligations by offering me a repair. I have told them I have rejected the goods the day of the delivery and wanted a replacement however 4 weeks on I now want a refund as I refuse to deal with these cowboys

So just to clairfy my next move take Hitachi to the FOS and dfs to the furniture ombudsman? And depending on the outcome small claims for dfs or would it be both companies?

oldoakey

What would happen if you stopped all payments to the finance company.
If you don't pay for the suite they will have to chase you for the money and then they would eventually take you to small claims but at their cost rather than yours.

If it were me I would be tempted to cancel the direct debit payments immediatley

meer53

oldoakey wrote: »

What would happen if you stopped all payments to the finance company.
If you don't pay for the suite they will have to chase you for the money and then they would eventually take you to small claims but at their cost rather than yours.

If it were me I would be tempted to cancel the direct debit payments immediatley

Really bad advice :eek:

That is the worst thing the OP can do. Unless their credit file is trashed already, in which case, carry on.