DFS Sofa Cancellation Rights 2015 Help?

j3251

Hi

I placed a order for a leather sofa yesterday in store with DFS.I opted for the 4 years 0% interest @ 50.00 per month.

The sofa was for a friend who has just advised unfortunately he is being made redundant! Wont be able to afford payments,asked if i could cancel entire order?

Rang DFS customer services 0800 number who advised id been accepted for the credit,order was sent over to the manufacturer today to go ahead and build,also advised as id purchased it instore the rules would be slightly different from purchasing over the phone/internet?

Going to ring store first thing in the morning to see if i can cancel?

Any advice/help would be appreciated on this matter.

JReacher1

Why did your friend not arrange his own credit for the DFS sofa? Taking on a £2400 debt for a friend is always a bit dangerous.

As its only a day after order you should hopefully be able to cancel. However there is a chance you might not be able to do and I don't think legally you can force them to cancel it.

In future you should order the sofa online as they have to allow cancellations for distance selling. It gives you better rights.

j3251

Hi

Yes i fully appreciate 2400 is a gig debt to take on for a friend,friend has poor credit.

Shall ring them first thing,hope i get someone who can help?

Thanks for the advice

JReacher1

Yeah I would phone them straight away and see if they'll cancel it for you. I think they work on commission though and you've technically given them a large sale so they may be reluctant to cancel. I would be prepared to argue with them.

I wouldn't offer to do this again for your friend as its not worth the stress!

j3251

Hi

I so agree with you! NEVER again! Yeah will ring them keeping my fingers crossed,think the balls definitely at their feet as ive signed paperwork and agreed to a recorded message played through their tablet..

unholyangel

Its not that you cant cancel - you can and DFS cant refuse to take your cancellation although they'll likely tell you that you can't cancel (see previous threads about them).

But you may not be able to cancel without being responsible for any losses they have incurred as a result of your cancellation.

However given the circumstances, it may be best discussing this with your friend and seeing if this would be best for him.

It is specifically mentioned in unfair terms guidance:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

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.

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,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.

Theres a lot more paragraphs that are relevant but those 3 pretty much sum it up.

j3251

Hi

spoke with citizens advice who advised to call the bank,check if the loan had been executed?If not to cancel it.

Bank advised balance was 0 ie nothing owed?Asked if i could formally cancel the loan ASAP,advised i could as i was within my 14 days,so loan has been cancelled off.

Spoke with citizens advice who are now saying to contact DFS to ask if they could cancel sofa.Spoke with manager who has advised its not possible to cancel the sofa at all,he also advised loan has been executed at trade premises ie paper work i signed etc

So stressed,upset with this entire situation,advised by citizen advice to write a letter to DFS head office asking them if they would consider cancelling order etc

wealdroam

j3251 wrote: »

So stressed,upset with this entire situation,advised by citizen advice to write a letter to DFS head office asking them if they would consider cancelling order etc

Read again the first sentence of Unholyangel's post immediately above yours.

Yes, write to DFS Head Office and tell them you are cancelling the order.

j3251

Hi

Thanks,id verbally said to the manager over the phone i was leaving it at "im cancelling the order" even though he wasn't taking it on.

Shall send recorded delivery letter to head office stating im cancelling the order.

Also spoke with DFS customer services who advised shed ring me back after looking into it?

pinkshoes

j3251 wrote: »

Hi

Thanks,id verbally said to the manager over the phone i was leaving it at "im cancelling the order" even though he wasn't taking it on.

Shall send recorded delivery letter to head office stating im cancelling the order.

Also spoke with DFS customer services who advised shed ring me back after looking into it?

If you ordered it in store, then you have no right just to cancel. You can send all the letters you like, but you need the stores agreement to cancel.

By cancelling the loan, that does not cancel the order.

Be careful, as you don't want to end up with your own bad credit rating...

wealdroam

pinkshoes wrote: »

If you ordered it in store, then you have no right just to cancel. You can send all the letters you like, but you need the stores agreement to cancel.

The OP has every right to cancel the order.

I think you meant to say that the OP has no right to cancel the order without covering the seller's justifiable costs to date.

But this has already been explained by Unholyangel in post#6.