DFS help - sent the wrong couch

beckyh101

Hi just looking for advice and what steps to take/ what to reference. 

I bought a couch 10 weeks ago, a left hand facing corner couch which is specified on my paperwork. When it arrived last week it was a right hand facing couch. 

I rejected the delivery. On Friday the salesman said a manager would ring on Saturday as I wanted a refund and to cancel (can’t wait another 10 weeks) and don’t want to use them after all this. 
Then on Saturday said they would ring Monday, then yesterday said they would ring today. I’m getting pushed pillar to post. I had a text this morning stating the finance had been activated!!  We don’t even have a couch! I just wanted advice on what my right are and what I can reference in my conversation, and what next steps I should take. 

DoaM

Contact the finance company and tell them that the correct goods have not yet been delivered, and that you wish to rescind the contract under your Initial Right To Reject per the Consumer Rights Act 2015 due to the seller's breach of contract in trying to deliver the wrong goods. Tell this also to DFS ... do both in writing (email is OK) so you have a record and audit trail.

Sandtree

Whilst you can cancel the finance I am not convinced you can automatically cancel the order unless the delivery timescale is baked into the contract as a fixed length... which I would strongly suspect it won't be.  You're in almost no different position than had the final check 2 days before the delivery attempt spotted the error and they'd gone on to change the unit to what you ordered and just said there's been a delay at the factory.

They are probably trying to work out what went wrong and the quickest way to resolve it, has someone else also been given the wrong item and its just a matter of switching them over, is there an item part built that can be used as your replacement etc... inevitably with the current state of the world, furlough etc these things are all going to take much longer to resolve.

George_Michael

Sandtree said:

Whilst you can cancel the finance I am not convinced you can automatically cancel the order unless the delivery timescale is baked into the contract as a fixed length... which I would strongly suspect it won't be.  

The delivery timescale has no relevance with regards to the OP having the legal right of cancellation.
The CRA allows for goods that fail to conform to contract to be rejected within the first 30 days and they have the right to get a full refund. The onus is on the OP to prove the lack of conformity but this doesn't sound like it will present a problem.

Sandtree

George_Michael said:

Sandtree said:

Whilst you can cancel the finance I am not convinced you can automatically cancel the order unless the delivery timescale is baked into the contract as a fixed length... which I would strongly suspect it won't be.  

The delivery timescale has no relevance with regards to the OP having the legal right of cancellation.
The CRA allows for goods that fail to conform to contract to be rejected within the first 30 days and they have the right to get a full refund. The onus is on the OP to prove the lack of conformity but this doesn't sound like it will present a problem.

So you believe if they had spotted the error just before it got off the van they would have no right to cancel it as the OP didnt know the error but because they attempted delivery a right to cancel crystallises? 

They have effectively sent the wrong goods rather than having sent what they should have but it doesnt conform to the advertisement... obviously it would be more stark if they'd sent a box of candles instead of a sofa but the principle would be the same.

George_Michael

Sandtree said:

George_Michael said:

Sandtree said:

Whilst you can cancel the finance I am not convinced you can automatically cancel the order unless the delivery timescale is baked into the contract as a fixed length... which I would strongly suspect it won't be.  

The delivery timescale has no relevance with regards to the OP having the legal right of cancellation.
The CRA allows for goods that fail to conform to contract to be rejected within the first 30 days and they have the right to get a full refund. The onus is on the OP to prove the lack of conformity but this doesn't sound like it will present a problem.

So you believe if they had spotted the error just before it got off the van they would have no right to cancel it as the OP didnt know the error but because they attempted delivery a right to cancel crystallises? 

They have effectively sent the wrong goods rather than having sent what they should have but it doesnt conform to the advertisement... obviously it would be more stark if they'd sent a box of candles instead of a sofa but the principle would be the same.

If the error was noticed before the couch was taken off the delivery van then I can't see why the OP would have the right of rejection as until the goods were actually delivered, they are still the property of the retailer. Provided that the couch could then be returned back to the retailer and the correct one delivered within the timeframe stipulated in the contract, there would have been no breach of contract.
It will all come down to exactly when the problem was noticed and if the delivery had actually be signed for before the problem was noticed. 

Sandtree

George_Michael said:
It will all come down to exactly when the problem was noticed and if the delivery had actually be signed for before the problem was noticed. 

Well the OP states they refused delivery of it because it was evidently the wrong item

beckyh101

Sandtree said:

George_Michael said:
It will all come down to exactly when the problem was noticed and if the delivery had actually be signed for before the problem was noticed. 

Well the OP states they refused delivery of it because it was evidently the wrong item

The mistake was made as when I ordered the sofa in the store - the online systems were not working so the order was completed on a paper order form. It seems when they have transferred this information to the computer it has been entered incorrectly resulting in us being given the wrong couch. When delivery was made I didn’t sign for anything as they brought it in the house and immediately I noticed it was wrong. The issue being the delivery paperwork and order didn’t match our paperwork. 

On my first call they had checked to see if there was another one available but there wasn’t so we would have to wait another 10 weeks again. I was unsure how they could start the finance legitimately when I hadn’t even had receipt of the goods. I’m hoping that this is now being resolved but I am still awaiting a confirmation of the refund.