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

Okell

the_lunatic_is_in_my_head said:

... The whole change of mind aspect is irrelevant to the situation, other than being good fortune to the OP  

Question is whether when you order a sofa with feet x and get one with feet y can you exercise the short term right to reject. Anything else doesn't matter...

Oh I agree.  I'm just annoyed with posters who keep changing the "facts"

the_lunatic_is_in_my_head said:

... Order a pair of sized 12 shoes, get sent size 10, reject for refund but not have rights because they offer to send the correct size 12, it's just doesn't fall in line with the whole idea of the short term right to reject...

Interesting analogy.  As you say if a trader could simply rectify any problem within 30 days by repairing or replacing, then what's the short-term right to reject for?

(FWIW I think a lot of posters on here overdo the whole "duty" to mitigate losses etc.  One that keeps cropping up is farming frozen food out to neighbours and friends if your freezer breaks down.  I don't think you are obliged to do that at all - it's just not reasonable.  I'd love to see a case saying otherwise)

the_lunatic_is_in_my_head

Okell said:

Interesting analogy.  As you say if a trader could simply rectify any problem within 30 days by repairing or replacing, then what's the short-term right to reject for?

Well this it it, putting aside the whole "reasonable time" debate, if the trader doesn't repair/replace you have the final right to reject anyway so it stands to reason the short term right is an unequivocal right to save the consumer from the faffing around of repair/replace where they don't wish to when the goods not conforming has become apparent in such a short time [of 30 days]. 

Okell said:

(FWIW I think a lot of posters on here overdo the whole "duty" to mitigate losses etc.  One that keeps cropping up is farming frozen food out to neighbours and friends if your freezer breaks down.  I don't think you are obliged to do that at all - it's just not reasonable.  I'd love to see a case saying otherwise)

I agree with that as well, as you say would be interesting to see some real examples of where it's been deemed losses weren't mitigated to know how high the bar is set.

born_again

the_lunatic_is_in_my_head said:

@born_again

Any thoughts on this from a S75 point of view? OP has the right to reject and receive a refund, i.e there's no obligation to accept a replacement/repair. 

@Lipgloss24 did you get a reply to the top email yet and did you send that to the finance company? 

Seasalt3 said:

Don't think you've got a leg to stand on.  It's not DFS fault the sofa is too small.  You should have checked the measurements before you bought it.  As for the feet... they've agreed to provide you with the correct ones so they're doing the right thing 

Short term right to reject...... 

Could have but I'm sure finance co will push DFS to supply the correct feet.

Other wise it just comes across as buyers remorse & looking to find a way to get out.

Aylesbury_Duck

born_again said:

the_lunatic_is_in_my_head said:

@born_again

Any thoughts on this from a S75 point of view? OP has the right to reject and receive a refund, i.e there's no obligation to accept a replacement/repair. 

@Lipgloss24 did you get a reply to the top email yet and did you send that to the finance company? 

Seasalt3 said:

Don't think you've got a leg to stand on.  It's not DFS fault the sofa is too small.  You should have checked the measurements before you bought it.  As for the feet... they've agreed to provide you with the correct ones so they're doing the right thing 

Short term right to reject...... 

Could have but I'm sure finance co will push DFS to supply the correct feet.

Other wise it just comes across as buyers remorse & looking to find a way to get out.

Funny, that 😁

HillStreetBlues

born_again said:

the_lunatic_is_in_my_head said:

@born_again

Any thoughts on this from a S75 point of view? OP has the right to reject and receive a refund, i.e there's no obligation to accept a replacement/repair. 

@Lipgloss24 did you get a reply to the top email yet and did you send that to the finance company? 

Seasalt3 said:

Don't think you've got a leg to stand on.  It's not DFS fault the sofa is too small.  You should have checked the measurements before you bought it.  As for the feet... they've agreed to provide you with the correct ones so they're doing the right thing 

Short term right to reject...... 

Could have but I'm sure finance co will push DFS to supply the correct feet.

Other wise it just comes across as buyers remorse & looking to find a way to get out.

How the buyer come across is immaterial, it matters not a jot.
What matters is the legislation,  if the legislation allows the return then that all what legally counts.

Aylesbury_Duck

I suspect that if OP sends a properly worded LBA, making it clear their serious intent, DFS will fold rather than defend.  If it got to court I think OP would win, so there’s little point DFS adding to their losses.

Arunmor

One of these threads, where you just raise your eyes heavenwards and shake your head.  If I say anything else no doubt I'd be on a yellow card. 

Aylesbury_Duck

Arunmor said:

One of these threads, where you just raise your eyes heavenwards and shake your head.  If I say anything else no doubt I'd be on a yellow card. 

I think it’s an obvious entry for a Consumer Rights and Responsibilities forum board.  Since this board is confined to rights, my view is that OP has a legal right to return.  Morally, their case is laughable.

HillStreetBlues

Aylesbury_Duck said:

I suspect that if OP sends a properly worded LBA, making it clear their serious intent, DFS will fold rather than defend.  If it got to court I think OP would win, so there’s little point DFS adding to their losses.

I also think DFT would be defeeted.

PHK

What about de-minimis ?

Surely this is so small scale and easily rectified that it would be a) exempt from regulation and b) the remedy would be disproportionate to the simple solution.