DFS sofa - repair & right to reject question

Hi all

Annoyingly, my sofa started to creak just outside the 30 days - reported 02.01.24, goods delivered 17.11.23. 
I reported and booked a service manager to come out which was 6 weeks later. He advised that the creaking was the sofa frame and it’s just how it is so didn’t attempt to repair. 
We called customer service to return the sofa due to being unsatisfactory quality as per our consumer rights. Surely no one is happy with a sofa that just creaks. 

We were told a second engineer needs to come out.. this one is more experienced etc which I just found worrying that they’re discrediting their own team. However, alongside other issues and finding the customer service I empathetic and inefficient we looked into our rights to reject the sofa and decline the opportunity for a second repair. 

Im now being told someone needs to come out to prove the fault, even though we’ve had someone come already and acknowledged the creak. 
Is a creaky frame deemed faulty or bad quality?? I’ve been told by DFS it should creak then the next breath it shouldn’t.
All quite frustrating 

Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,044 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 4 March 2024 at 12:12PM
    Hello OP

    I wouldn't expect a new sofa to creak, DFS have one attempt to repair/replace, I don't think coming out to look at the sofa counts.

    However they do have to carry out the repair/replacement within a reasonable time and without significant inconvenience which, sadly, is subjective.  

    Within the first 6 months goods are taken to have an issue unless demonstrated otherwise, someone working for the company saying it's fine isn't independent and without some detail on the matter doesn't, IMO, meet the criteria for demonstrating otherwise. 

    With DFS I think they sent the first person in the hope you'd agree and go away, see what the second person says, if they fix it then that's great, if they say there's nothing wrong again or fix but the issue comes back then I would advise them you are rejecting the sofa.

    Six moths from the day of delivery is an important timeframe as once this passes they can deduct from the refund to account for use and burden of proof falls back on yourself so if they are dragging their feet or fobbing you off jump in and formally advise them you are "exercising the final right to reject the goods as they do not conform to the contract and a repair attempt has fail / a repair or replacement hasn't been actioned within a reasonable time (delete as appropriate). 

    The six months is based upon the point at which you make that statement so best to do it via email, etc so you have a record of the timeframes :) 
    In the game of chess you can never let your adversary see your pieces
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