DFS usage charge

MB69

here is what you should do , in my opinion :

1) From now on, do everything in writing to DFS and not on the phone. Written things are evidence where as phone calls can't be relied on.

2) Write to DFS, explaining to them that you have received the sofa and as all previous commuications on the phone, the sofa arrived damaged. Tell them you are not happy and you are REJECTING the repair. You now would like the item either to be fully recovered again OR you want a full refund as you reported the fault to them within the first 30 days of the item being received back.

3) Wait for their response and see what they suggest.
If they offer replacement, great. If they offer refund great. If they offer partial repair, you can reject it and explain as the previous repair has failed, you are rejecting the repair as per your rights and you want the sofa to be recovered fully or full refund be given

4) if they still fail, then you have a choice to take the matter to small claims court. You will have to do your study properly for that. The cost is not huge ( about £105 if you do it on MCOL). Regardless of what the other side would tell you, they can't claim legal costs from you provided you haven't been unreasonable and you haven't acted illegally. I know this as i have taken 5 big organisations to MCOL so far on numerous issues.

Then you can let the court decide based on evidence.

The outcome can be:

1) They rule in your favour and force DFS to either refund or recover fully.

2) they rule in DFS favour and you lose. But it then means DFS will not have to even repair it for that fault anymore.

If too risky for you, why not accept their offer of touchup, and wait until it comes back. If the repair shows, then you can make a complaint again. Make sure you take photos of the sofa as it is now, and when it comes back and ... Photos tell a lot in court.

wee_scoot

yes i get that, but if DFS hadn!!!8217;t sent the sofas back damaged and had carried out the repair correctly all would have been fine, if i can get full repair done that will 100% not be seen, instead of a patch repair the might possibly be seen then great. but i wasn!!!8217;t sure if i had the legal rights to make them do a full repair and not have to accept a partial repair when it!!!8217;s damage they have caused .

powerful_Rogue

MB69 wrote: »

here is what you should do , in my opinion :

1) From now on, do everything in writing to DFS and not on the phone. Written things are evidence where as phone calls can't be relied on.

2) Write to DFS, explaining to them that you have received the sofa and as all previous commuications on the phone, the sofa arrived damaged. Tell them you are not happy and you are REJECTING the repair. You now would like the item either to be fully recovered again OR you want a full refund as you reported the fault to them within the first 30 days of the item being received back.

3) Wait for their response and see what they suggest.
If they offer replacement, great. If they offer refund great. If they offer partial repair, you can reject it and explain as the previous repair has failed, you are rejecting the repair as per your rights and you want the sofa to be recovered fully or full refund be given

4) if they still fail, then you have a choice to take the matter to small claims court. You will have to do your study properly for that. The cost is not huge ( about £105 if you do it on MCOL). Regardless of what the other side would tell you, they can't claim legal costs from you provided you haven't been unreasonable and you haven't acted illegally. I know this as i have taken 5 big organisations to MCOL so far on numerous issues.

Then you can let the court decide based on evidence.

The outcome can be:

1) They rule in your favour and force DFS to either refund or recover fully.

2) they rule in DFS favour and you lose. But it then means DFS will not have to even repair it for that fault anymore.

If too risky for you, why not accept their offer of touchup, and wait until it comes back. If the repair shows, then you can make a complaint again. Make sure you take photos of the sofa as it is now, and when it comes back and ... Photos tell a lot in court.

Wrong, so wrong. OP, please DO NOT follow this advice.

wee_scoot

ok mb69, i!!!8217;m about ready for taking it into the back garden and setting fire to the blooming thing

shaun_from_Africa

MB69
You need to do a bit of reading before giving any more "advice"

The 30 day right of rejection begins when the goods come into the possession of the consumer for the first time. Just because they were repaired doesn't mean that there is a new 30 day short term right of rejection for a full refund.

The OP cannot insist on either a replacement or a full refund. They can state their preference but DFS do not have to follow this if the option chosen by the OP is disproportionate in cost to a different remedy.

Why would any sensible person opt to go to court when a retailer is complying fully with their legal obligations?

MB69

As per legislation:

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

"if a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund."

This is your right AFTER the 30 day period!

If you don't want to go down the MCOL route, then you can try consumer ombudsman : https://www.ombudsman-services.org/sectors/consumer It is free and they can take a case against a retailer and do some investigation. They know the law and they can then advice you. They will write to the retailer and ask for explanation and then make a decision based on that.

powerful_Rogue

MB69 wrote: »

As per legislation:

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

"if a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund."

This is your right AFTER the 30 day period!

If you don't want to go down the MCOL route, then you can try consumer ombudsman : https://www.ombudsman-services.org/sectors/consumer It is free and they can take a case against a retailer and do some investigation. They know the law and they can then advice you. They will write to the retailer and ask for explanation and then make a decision based on that.

Important part in bold. Notice the "Up to" ? Actual legislation posted in post 3.

MB69

powerful_Rogue wrote: »

Important part in bold. Notice the "Up to" ? Actual legislation posted in post 3.

f a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund."

If you want to keep the goods, then they can give you UP TO 100% refund. BUT if you REJECT the goods, then they have to give you 100% refund!

powerful_Rogue

MB69 wrote: »

f a repair or replacement is not possible, or the attempt at repair fails, or the first replacement also turns out to be defective, you have a further right to receive a refund of up to 100% of the price you paid, or to reject the goods for a full refund."

Instead of looking at what Which! say, look at the actual law that was posted on post number 2(How many times does that need to be said!). The reatiler can choose the most cost effective solution.


DFS are abiding by the law.

shaun_from_Africa

And if you read that "Which" page there is a link for further information:
https://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

Six months or more

If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.

In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.

The retailer can also make a deduction from any refund for fair use after the first 6 months of ownership if an attempt at a repair or replacement is unsuccessful.