Advice on county court judgement against DFS

chick99936

Long story short, bought a sofa from DFS, was delivered faulty (Jan 2018), DFS refused to do anything about it, took them to small claims court and won. I paid £1000 deposit, purchased an insurance policy with the sofa which left £1058 on finance. After deductions for use DFS were ordered to pay £1466 + £270 court costs, totalling £1741.

Today i recieved a cheque for £638. I phoned DFS who told me that they have to cancel the finance agreement with the lender who will then refund the amount I have already paid and cancel the rest of the finance totalling the full amount of £1741 (Actual cash amount totalling around £1300 inc cheque but nothing left to pay on finance). I just want to know if that is the correct procedure? Or am I supposed to have the full payment of £1741 and then pay the finance off myself?

I'm happy either way, I just dont want to agree to anything and then find out I've been done out of money.

stragglebod

You don't need to commit to anything right now. Have they said when the lender will refund the money and confirm in writing that the remaining finance has been written off? Until that happens the judgement isn't satisfied.

Personally in your shoes I'd wait 10 days for that to happen, and if I haven't received both the additional refund and written confirmation of the write off of the balance I'd be back to DFS giving them one more week to satisfy the judgement before I instruct recovery agents.

chick99936

DFS have until 4pm on the 23rd August to fulfill the judgment. If it isnt settled by then, I will be instructing recovery agents.

steampowered

Great job on taking this forward and not letting yourself be pushed around!

You have a CCJ for £1,741 so - on the face of it - that is what DFS must pay you.

I guess it may be fine for DFS to pay off the finance. However they must do that promptly. I would give them say 2 weeks to do it. If you don't have written confirmation from the finance company by then, send in enforcement agents.

CardinalWolsey

Unless the judgement instructs DFS to pay you £638 and pay the finance company £1058 then I would be expecting settlement from DFS directly and in full. It is of no concern to DFS whether you wish to clear a loan or not. You may be happy with that outcome (assuming DFS fulfil their commitment here), but in my mind not the way it should be taking place.

stragglebod

CardinalWolsey wrote: »

Unless the judgement instructs DFS to pay you £638 and pay the finance company £1058 then I would be expecting settlement from DFS directly and in full. It is of no concern to DFS whether you wish to clear a loan or not. You may be happy with that outcome (assuming DFS fulfil their commitment here), but in my mind not the way it should be taking place.

This is true, and it gives you an alternative route if the finance company drag their feet.

But assuming they co-operate if you do receive what is genuinely of equal value to the judgement amount, and you're put in the same position you were originally in, then it'd be hard to persuade a court that the judgement hasn't been satisfied.

Boohoo

chick99936 wrote: »

Long story short, bought a sofa from DFS, was delivered faulty (Jan 2018), DFS refused to do anything about it, took them to small claims court and won. I paid £1000 deposit, purchased an insurance policy with the sofa which left £1058 on finance. After deductions for use DFS were ordered to pay £1466 + £270 court costs, totalling £1741.

Today i recieved a cheque for £638. I phoned DFS who told me that they have to cancel the finance agreement with the lender who will then refund the amount I have already paid and cancel the rest of the finance totalling the full amount of £1741 (Actual cash amount totalling around £1300 inc cheque but nothing left to pay on finance). I just want to know if that is the correct procedure? Or am I supposed to have the full payment of £1741 and then pay the finance off myself?

I'm happy either way, I just dont want to agree to anything and then find out I've been done out of money.

Do you still have the sofa?


Are you still paying for the finance when you bought the sofa as i can not make out from the post if you are paying it or not.


You mention DFS saying they will have to cancel the finance but if you are still paying monthly(not sure if you got 12 months or more inteerst finance) to the finance company i would br worried that DFS may muck up the cancelation and you maybe left with a dispute with the finance company for missing payments and that would put a late/missed payment marker on your credit file.


If i was you i would make sure you get all this in a letter from DFS and the finance company so you have proof of who paid who so it will not come back to haunt you and DFS and finance company deny everything.

whitepaper

chick99936 wrote: »

Long story short, bought a sofa from DFS, was delivered faulty (Jan 2018), DFS refused to do anything about it, took them to small claims court and won. I paid £1000 deposit, purchased an insurance policy with the sofa which left £1058 on finance. After deductions for use DFS were ordered to pay £1466 + £270 court costs, totalling £1741.

Today i recieved a cheque for £638. I phoned DFS who told me that they have to cancel the finance agreement with the lender who will then refund the amount I have already paid and cancel the rest of the finance totalling the full amount of £1741 (Actual cash amount totalling around £1300 inc cheque but nothing left to pay on finance). I just want to know if that is the correct procedure? Or am I supposed to have the full payment of £1741 and then pay the finance off myself?

I'm happy either way, I just dont want to agree to anything and then find out I've been done out of money.

Surely the court order identifies who DFS has to pay, by when, and if there are any pre-conditions that have to be satisfied.

If there is a failure to comply with the judgement by the defendant, then you should consider commencing enforcement action.

chick99936

Thankyou all, the sofa has been collected (thank god!!). I'm slightly confused by the way DFS are choosing to settle the judgment. I just feel like they are trying to have me over in some way.

There was still a small amount left on finance, which is going to be cancelled. I think I'd feel happier receiving payment in full then settling the finance myself.

DoaM

You've still not answered the question asked ... does the judgment allow DFS to satisfy it in the manner they're planning to? If not then you can insist on the full payment whereby you can sort the finance yourself.