DFS .. trying to get a refund over sending me the wrong colour feet

Lipgloss24

I ordered dark feet 
the sofa came with 4 dark and 8 light . The repair bag  on the doorstep had 8 light feet in . So they wasn’t all replaced 🤦🏽‍♀️

the_lunatic_is_in_my_head

Lipgloss24 said:

The v12 response  . I have never reported a chip to one of the legs . There has never been a chip to one of the legs this is the first I’ve heard of this . Seems like they are making it up to get out of it 

Wow.

I'd send V12 a letter before action, not sure how far you are willing to go with this OP?

@born_again Can the finance company simply close the complaint or does it mean OP can now go to the FOS once they receive the final decision letter? 

born_again

Yes if they are closing the complaint then FOS it is 👍
How long that will take is anyone's guess but expect a few months, so does not really help OP in some ways, as they are stuck with a sofa, with wrong colour feet.🤷‍♀️

Lipgloss24

the_lunatic_is_in_my_head said:

Lipgloss24 said:

The v12 response  . I have never reported a chip to one of the legs . There has never been a chip to one of the legs this is the first I’ve heard of this . Seems like they are making it up to get out of it 

Wow.

I'd send V12 a letter before action, not sure how far you are willing to go with this OP?

@born_again Can the finance company simply close the complaint or does it mean OP can now go to the FOS once they receive the final decision letter? 

can you write me a lba please . I will take it all the way now after this . Complete and utter lies . I have messaged the guy who deliverd it I also messaged the guy who came to fit the feet and both said no no chips was the colour . Also the dfs manager has also said there was no chips in the legs it’s the wrong colour so I don’t no where they have got that from 

the_lunatic_is_in_my_head

[Your address]

[Supplier's address]

[DFS order number]
[V12 account/ref number]
[v12 complaint number]

Dear V12 Finance

I am writing to you in follow up to the recent communication regarding the above order with DFS. In brief the sofa was delivered with incorrect, mismatched coloured feet. I attempted to exercise the short term right to reject which both yourself and DFS refused, DFS then left a bag of feet on my door step labelled "repair" and at a later date attended to change the feet however they didn't have the correct colour feet in the bag and now wish to return again to swap the feet over.

Your final response to my complaint mentions chips to the feet, it's unclear whether there has been a miscommunication or mix up however I have never complained that the feet were chipped. 

The specifics of my position, most noticeably the legislation upon which I am making my position, are stated in detail in the previous communication between ourselves, however again, in brief, I have already exercised my final right to reject as the sofa did not conform to the contract in terms of matching the description and the repair attempt to correct the feet failed. I am seeking to exercise my rights against V12 under Section 75 of the Consumer Credit Act 1974 which holds you jointly liable for this breach of contract

In my opinion v12 has repeatedly relied on the incorrect information supplied by DFS, both in terms of my rights under the Consumer Rights Act 2015 and the course of events, rather than taking an objective viewpoint to independently consider the actuality of the situation and I intent to convey this point to the court as part of my claim.

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

From you I am claiming the full cost of the sofa plus the cost of return

I have calculated this sum as £xxxxx for the sofa and £xx for the return. 

Included with this letter are a copy of the documents on which I intend to rely in my claim against you:

I can confirm that I would be agreeable to mediation and I would invite you to put forward any proposals in this regard. 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. 

I look forward to hearing from you within the next 28 days. 

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

the_lunatic_is_in_my_head

@Lipgloss24

One of the emails asked V12 about returning the sofa, did they answer this question?

You can fill in the value of the sofa, if they gave you an address to return the sofa obtain a quote from Shiply for the return costs.

I would include a copy of the DFS order, highlighting the section where the colour of the feet are detailed.
A copy of the finance agreement
Clear photographs of the miscoloured feet.
A copy of each email sent to both DFS and V21 and their replies.
Copy of the Shiply quote

Regarding this story about chipped feet, it's been a long thread, I assume all the previous communication is clear and shows their claim is unwarranted? 

As always check for typos  

If anyone has any suggestions to help on what should be said or included that would be great. I think it's simply shocking how far they are willing to go to avoid a customer exercising their rights. 

Can anyone advise if OP make a joint claim against both DFS and V12 at the same time under the same case?

molerat

Can anyone advise if OP make a joint claim against both DFS and V12 at the same time under the same case?

Yes, more than one defendant can be named on a small claim

but

The courts do not look kindly on people using them as the first route to a resolution when there is an alternative to the legal process through the FOS.

Okell

Just to check something - has the OP actually paid for the sofa yet or is it simply on finance from V12?

ie V12 may have paid DFS for the sofa but has the OP made any repayments to V12 on the finance yet?

(The point being that he's not asking for a "refund" - he wants out of the finance agreement)

the_lunatic_is_in_my_head

Okell said:

Just to check something - has the OP actually paid for the sofa yet or is it simply on finance from V12?

ie V12 may have paid DFS for the sofa but has the OP made any repayments to V12 on the finance yet?

(The point being that he's not asking for a "refund" - he wants out of the finance agreement)

I would assume so, if that's the case OP can fill in the value as whatever they've paid thus far. 

With small claims I don't know what happens with regards to claiming £x but there being a payment during the process, I assume it's a common thing that the process accounts for?

molerat said:

The courts do not look kindly on people using them as the first route to a resolution when there is an alternative to the legal process through the FOS.

Thanks molerat, I was hoping the letter would reach someone higher up who might see sense, OP has positive communication after a manager apparently reviewed the matter, it's just since gone down hill due to the erroneous info they claim to have had from DFS.

There's an FOS decision here that is promising:

https://www.financial-ombudsman.org.uk/decision/DRN-4429372.pdf

Not exactly the same as OP's but the putting things right bit is the sort of thing you'd hope OP would end up with:

The agreement ended in 2023. So I think that fair redress would be for Creation to:
Refund all of the payments Mr R made under the agreement, with simple interest at 8% a year from the dates of payment to the date the refunds are paid;
Remove any adverse data about the agreement from Mr R’s credit file;
Collect the sofa (if Creation wants to) at no cost to Mr R; and
Pay Mr R £200 [compensation]. 

Lipgloss24

Okell said:

Just to check something - has the OP actually paid for the sofa yet or is it simply on finance from V12?

ie V12 may have paid DFS for the sofa but has the OP made any repayments to V12 on the finance yet?

(The point being that he's not asking for a "refund" - he wants out of the finance agreement)

Not yet my first payment was last month . They agreed that untill I got the correct feet they would hold the first payment , it’s due this month the first one