DFS

Loui84

Hi,
Can anyone offer any advice with regards to dealing with DFS.

I purchased a sofa on the 05/01/2022 expected around April/ May 2022.
This was then extended to June 2022, as apparently there was an issue with the manufacturer obtaining a part. DFS offered £150 of the item to continue with the order. We agreed.

After numerous telephone calls (may I add at no point has DFS contacted us first) a sofa is delivered 9 months later on the 28/09/2022. The sofa is faulty and not as described, it’s is half grey and half silver. This was noted with customer service on the day, however; 2 weeks later when we had not had an update, I contacted Customer Services who informed me that the manufacturer had been contacted and the correct sofa would be delivered in time for Christmas 2022. They left us with the faulty sofa in the meantime, however; instructed the finance company to start taking payments.

Week commencing 19/12/22 I contact DFS who apologise for informing us that it would be before Christmas and we are now looking for delivery w/c: 23/01/2023. Funnily enough, we do not hear from DFS. We contacted customer services in March 2023 to inform them to cancel the order.

This is the first time a manager contacted us (despite previously request head office contact us). The manager informed us that a replacement sofa had actually not been ordered at all and so after all the previous contact, no one had picked up on this.

Manager offered us another £150 off. We informed him to cancel as DFS cannot be trusted and he stated that they would arrange refund and collection of the faulty sofa.

Then on the 15/03/23 we are contacted to state that the sofa will be delivered w/c: 17/04/2023. Despite is being “cancelled”. We obtained this confirmation in an email and told DFS final chance to resolve the issue and simply just deliver the product we are paying monthly for. Manager was contacted as the £150 had not been deducted.

Now on the 12/05/2023 we’ve contacted DFS to find out where the “priority order” is. It was cancelled by the manufacturer.

The manager at DFS has now stated that we cannot have a refund until the faulty sofa is collected and payments will continue.

Please can anyone advise me.

born_again

Messy story, but pretty fair that they want the old faulty sofa back before refunding.

Gycraig

They have been crap but there is no chance you get a refund before the sofa is collected. 

You want a refund they want the sofa back. Let them collect the sofa and get your refund. 

Manxman_in_exile

I'm totally confused.

Has a replacement sofa been ordered or not?

If it has, are you now awaiting delivery of it or have you cancelled it?

What do you want to happen?

Without knowing exactly what has happened (whether the sofa has been rejected or cancelled or what, and what remedy the OP wants) I'd be inclined to say that yes, the sofa should be made available for collection, but if DFS have agreed the OP is due a refund then they should pay that refund within 14 days of agreeing it.

(OP might have been better to exercise short term right to reject which I think would have been paused from the point he complained about the first delivery until the replacement turned up.  Or never turned up if I've understood correctly...)

Loui84

The correct sofa has never turned up. DFS stated that it would be with us by end of April. Then we have rang DFS today to ask what is happening and the manufacturer has apparently cancelled the order altogether

Manxman_in_exile

I'm still confused as I'm not sure what the issue is.  Are you complaining that they won't refund you at all or that they insist on having the sofa back first?


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Having said that, I'll say the following which may or may not help you:

So the first sofa was delivered in September last year, you complained about it on the day it was delivered, and when you complained DFS agreed to replace it?

If that is correct then I'd have thought it could be argued that after you complained and at the point when DFS agreed to replace the sofa, the 30 day window for the short-term right to reject was paused and remains paused until you receive the replacement sofa.  As you still haven't received it you remain within the 30 day right to reject period for a full refund.

It's in s22 and especially s22(6), (7) and (8) Consumer Rights Act 2015 (legislation.gov.uk)

If DFS agree that you are entitled to a refund they must pay you no later than 14 days after they have agreed to do so.  See s20(15).   The legislation says nothing about them having to received the goods back before they pay your refund, but obviously you must make the sofa available for them to collect.

So I'd be inclined to tell them that because they never delivered the replacement sofa, the "waiting period" on the short-term right to reject still hasn't ended and you are therefore exercising your short-term right to reject for a full refund.

See if others think that is a good argument or a rubbish one.  Or even totally irrelevant...

powerful_Rogue

No need to over complicate things, let them collect the sofa and then receive the refund.

afcbroox

Do NOT buy the sensuous range!

They do not deliver the same quality of sofa as the one in store.

then they won’t do anything about it.

AVOID