DFS Damaged Sofa

yas1320

Hi All

I need some advice, I had delivery of two sofas from DFS a few months ago. Whilst delivering the sofa they damaged both sofas in several places and also got marks on my wall. 

They paid me £200 for the property damage and said they would come and repair the sofas. The repair they've done is very bad as you cam clearly see the colour change and also where they have stitched it. I initially asked them to take the sofa back and give me a refund. They have refused. They said they'd only give £200 as a goodwill gesture. One of the managers said even if I go to trading standards they'd probably side with us and not me because they've fixed the issue. 

Has anyone had any experience with dealing with DFS and should I contact trading standards?

JetpackVelociraptor

It's probably worth letting them know but trading standards don't really do much with individual complaints. The law is on your side, as you've had an unsatisfactory repair you are now entitled to reject the faulty goods for a full refund. Did you pay with finance or a credit card? If you did, the finance company or credit card company are required to help you with this and you should be able to do a Section 75 refund.

You may need to get an independent inspection as evidence if they're stating that it's been repaired to a good standard. Get in touch with a company that does independent upholstery inspections (for example, homeserve furniture repairs, castellan, or a local upholstery company - just make sure you don't use the same company as DFS). Typical cost is around £90 plus vat for a report, and if the report states the product is faulty than the company owes you the refund plus the cost of the report.

As they are attempting to fob you off I would begin by writing them a Letter Before Action. You can use a form letter from the internet, or get advice from Citizens Advice on how to write the letter. It should say you're exercising your right to reject the goods under the Consumer Rights Act (20150) as they have not been repaired to an acceptable standard. You then give them a time limit to respond, usually 14 or 30 days, and then you tell them in the letter that if they do not issue your refund within that time you will take further action and will be adding on any additional costs incurred during the process.

If they don't respond, I'd recommend a section 75 as that's easier than taking them to small claims court. You take the evidence you have and contact your credit card company or finance provided, and inform them that DFS are refusing a refund even though the goods are faulty and the repair was poor quality. If you can't do a section 75 you go on to take them to small claims court.

the_lunatic_is_in_my_head

OP send them a letter before action (templates on Google) stating you are exercising the final right to reject as they have had one repair attempt and the goods still do not conform to the contract. 

If you do this within 6 months a full refund is due.

Within 6 months it is taken the goods do not conform but I'm assuming a simply photograph will demonstrate the issue anyway?

Legislation below to add to the letter to support your position, as above if you paid on credit Section 75 may be easier.

Best of luck and pop back if you need further advice  

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

https://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Goods to be of satisfactory quality

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

yas1320

JetpackVelociraptor said:

It's probably worth letting them know but trading standards don't really do much with individual complaints. The law is on your side, as you've had an unsatisfactory repair you are now entitled to reject the faulty goods for a full refund. Did you pay with finance or a credit card? If you did, the finance company or credit card company are required to help you with this and you should be able to do a Section 75 refund.

You may need to get an independent inspection as evidence if they're stating that it's been repaired to a good standard. Get in touch with a company that does independent upholstery inspections (for example, homeserve furniture repairs, castellan, or a local upholstery company - just make sure you don't use the same company as DFS). Typical cost is around £90 plus vat for a report, and if the report states the product is faulty than the company owes you the refund plus the cost of the report.

As they are attempting to fob you off I would begin by writing them a Letter Before Action. You can use a form letter from the internet, or get advice from Citizens Advice on how to write the letter. It should say you're exercising your right to reject the goods under the Consumer Rights Act (20150) as they have not been repaired to an acceptable standard. You then give them a time limit to respond, usually 14 or 30 days, and then you tell them in the letter that if they do not issue your refund within that time you will take further action and will be adding on any additional costs incurred during the process.

If they don't respond, I'd recommend a section 75 as that's easier than taking them to small claims court. You take the evidence you have and contact your credit card company or finance provided, and inform them that DFS are refusing a refund even though the goods are faulty and the repair was poor quality. If you can't do a section 75 you go on to take them to small claims court.

Thank you for your help. I put a deposit down  through a debit card and the rest is on 0% finance. The finance is through creation, which was through DFS. Does that leave me in a pickle.

yas1320

the_lunatic_is_in_my_head said:

OP send them a letter before action (templates on Google) stating you are exercising the final right to reject as they have had one repair attempt and the goods still do not conform to the contract. 

If you do this within 6 months a full refund is due.

Within 6 months it is taken the goods do not conform but I'm assuming a simply photograph will demonstrate the issue anyway?

Legislation below to add to the letter to support your position, as above if you paid on credit Section 75 may be easier.

Best of luck and pop back if you need further advice  

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

https://www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Goods to be of satisfactory quality

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

Thank you for your reply. I'll try this and see how it goes. I appreciate it.

BimalP

Just resurrecting this thread, as I have a similar issue.  Wondering what was the final outcome?

I took delivery of a new sofas and footstool yesterday.  The footstool upon opening was damaged (the mechanisms were completely broken off, and there is visible damage on one of the corners, where it is clear it has been dropped at some point).  The delivery guys took pictures and reported it immediately.  
DFS did call me a few hours later and asked to book a service person to come inspect and see if they can repair it.  

My point is I paid for a fully new product at full price (in full, no finance), and now they give me a broken product which they want to repair and still charge me full price.  I don't get it?  
If this was something which was a few pounds i could swallow it, but when you spend thousands am I wrong to expect a brand new product (or at least a discount off the price), instead of them trying to do a repair?  

I feel i am getting the short straw here.  Anyone else been through this?

the_lunatic_is_in_my_head

BimalP said:

Just resurrecting this thread, as I have a similar issue.  Wondering what was the final outcome?

I took delivery of a new sofas and footstool yesterday.  The footstool upon opening was damaged (the mechanisms were completely broken off, and there is visible damage on one of the corners, where it is clear it has been dropped at some point).  The delivery guys took pictures and reported it immediately.  
DFS did call me a few hours later and asked to book a service person to come inspect and see if they can repair it.  

My point is I paid for a fully new product at full price (in full, no finance), and now they give me a broken product which they want to repair and still charge me full price.  I don't get it?  
If this was something which was a few pounds i could swallow it, but when you spend thousands am I wrong to expect a brand new product (or at least a discount off the price), instead of them trying to do a repair?  

I feel i am getting the short straw here.  Anyone else been through this?

Hello

You are entitled to reject for a refund if you wish under the short term right to reject.

Unfortunately, whilst you can ask, you can't insist upon a replacement if DFS argue it is disproportionate to a repair.

If you want the refund don't let them send the service person out, DFS will do their best to avoid the refund so you need to stand firm.

If a refund isn't suitable then you can let them repair and if any further issues occur they only have the once chance at a repair and then you can reject anyway.

A refund within the first 6 months will be a full refund, after this they can deduct for use.  

BimalP

the_lunatic_is_in_my_head said:

BimalP said:

Just resurrecting this thread, as I have a similar issue.  Wondering what was the final outcome?

I took delivery of a new sofas and footstool yesterday.  The footstool upon opening was damaged (the mechanisms were completely broken off, and there is visible damage on one of the corners, where it is clear it has been dropped at some point).  The delivery guys took pictures and reported it immediately.  
DFS did call me a few hours later and asked to book a service person to come inspect and see if they can repair it.  

My point is I paid for a fully new product at full price (in full, no finance), and now they give me a broken product which they want to repair and still charge me full price.  I don't get it?  
If this was something which was a few pounds i could swallow it, but when you spend thousands am I wrong to expect a brand new product (or at least a discount off the price), instead of them trying to do a repair?  

I feel i am getting the short straw here.  Anyone else been through this?

Hello

You are entitled to reject for a refund if you wish under the short term right to reject.

Unfortunately, whilst you can ask, you can't insist upon a replacement if DFS argue it is disproportionate to a repair.

If you want the refund don't let them send the service person out, DFS will do their best to avoid the refund so you need to stand firm.

If a refund isn't suitable then you can let them repair and if any further issues occur they only have the once chance at a repair and then you can reject anyway.

A refund within the first 6 months will be a full refund, after this they can deduct for use.  

Thanks, but I don't get it why do I have to accept a damaged item and allow them to repair, when i paid full price for a new item?

The structural integrity has been compromised no doubt when it was dropped.  Usually I would let it slide, but these things are not cheap and we bought for the first time in several years a new sofa set that we want it to last for at least some years.  
Its the closing mechanism on both sides that have been ripped off the interior wood of the box, so if they drill it in again (into damaged wood) or glue it (however they repair it), the chances are that they will not last as long as it should and knowing my luck it will fail the first day the warranty is over.  

Is this my legal obligation to allow them to repair?

the_lunatic_is_in_my_head

BimalP said:

Thanks, but I don't get it why do I have to accept a damaged item and allow them to repair, when i paid full price for a new item?

The structural integrity has been compromised no doubt when it was dropped.  Usually I would let it slide, but these things are not cheap and we bought for the first time in several years a new sofa set that we want it to last for at least some years.  
Its the closing mechanism on both sides that have been ripped off the interior wood of the box, so if they drill it in again (into damaged wood) or glue it (however they repair it), the chances are that they will not last as long as it should and knowing my luck it will fail the first day the warranty is over.  

Is this my legal obligation to allow them to repair?

Hi, you don't have to accept the repair you can:

1) exercise short term right to reject for a full refund (of either the damaged item or the entire order)
2) accept the repair
3) ask for a replacement, if DFS say no to a replacement then you can either accept the repair or exercise short term right to reject for a full refund 

Given DFS won't want to refund on a sofa due to a damaged footstall this does give you some bargaining power, i.e if you ask for the replacement whilst noting if they say no you'd like to reject they might accept replacing the footstall as their best option.

They will push you on the repair so as above stand firm and make sure to clearly (but politely) state your rights  

sheramber

Will a replacement footstool colour match the sofas?