DFS Sofa came with no legs

Grumpy_chap

Okell said:

If the delivery/service person was from DFS, then DFS were informed on the day of delivery.  But if the delivery person was from Evri, then probably not.

Might explain why the OP had to chase DFS for the legs.

When we purchased our sofa from DFS, the delivery crew arrived, carried the sofa into position, unwrapped, affixed the feet, plumped all the cushions and left everything as it should be.  

I think delivery by Evri would be unusual.

I am also surprised the OP has managed to keep the sofa unused for several months without this being a humungous inconvenience.

Gweather

Okell said:

saajan_12 said:

Argument (2) from @Okell's post sounds reasonable to me, but a basic criterion is when you (can prove) you complained about the feet. That had to be within 30 days. 

Good point.  I have assumed that...

...The delivery/service person assured me that DFS Would send the service manager out with the legs in a week or so. So I waited...

... means that DFS were made aware on the day of delivery.  But maybe not.

If the delivery/service person was from DFS, then DFS were informed on the day of delivery.  But if the delivery person was from Evri, then probably not.

Might explain why the OP had to chase DFS for the legs.

@Gweather -  when were DFS informed of the missing legs?  At the time of delivery or two months later when you contacted them?

Yes the DFS were aware at the time of delivery, it was DFS delivery staff that delivered it and put it in my sitting room, the delivery staff told me not to worry that they had made a note and would inform the manager of service team to Come and fit the feet in a few weeks. I complained to the Delivery staff at the time of the Delivery because it was unacceptable but I just trusted that they were on order and would come in a few weeks.

Below is the excerpt from the email that DFS has sent to me admitting they were Missing when delivered, they would only know this because the delivery staff had put it in their notes. So they were aware at the time of delivery. :

 “  I wanted to sincerely apologise for the delay in fitting the feet on your sofa. After looking into this, I can confirm that the feet were missing when your sofa was delivered.
 
 We have already placed an order with our suppliers to have them sent to us, but as these items take approximately five weeks to arrive, we are currently waiting for them. “

Gweather

saajan_12 said:

Argument (2) from @Okell's post sounds reasonable to me, but a basic criterion is when you (can prove) you complained about the feet. That had to be within 30 days.

I complained immediately upon delivery to the DFS delivery staff because the Delivery staff made me aware. They said they would inform the service manager, so I was relying on that and getting the feet in a few weeks. Which I didn’t mind waiting but six months now it’s just ridiculous. 

Gweather

Okell said:

Gweather said:

Okell said:

Have you been using the sofa throughout all this time?

Seems an awfully long time to wait if you could not use it...

No I haven't been able to use it as it leans to one side so if you sit on it you will fall to the side, which is not comfortable.
Yes a long time because they kept telling me another week/we will get back to you/ just waiting on delivery so I thought because they are a reputable company I trusted they would fix it and time just went on. 
Now I'm just annoyed and want to go with a different company because of how they have treated me. 

If when I first got the sofa they said it was going to take six months to bring the legs. Obviously. I would have rejected it straight away. But because they told me it would be a matter of weeks, I kept it & waited. 

Now it's six months and still not sorted and after spending such a big amount of money, I am fed up. 

Ok - understood.

Write to or email them and point out that under the goods must be of satisfactory quality and be as described.  Obviously your sofa satisfies neither requirement.

A retailer is permitted only one attempt under the legislation either to repair or to replace goods that are not of satisfactory quailty or are not as described.  If that attempt fails you are entitled to a refund.  When the service manager turned up with only half the number of required legs that counts as a failed attempt so you are now entitled to reject the sofa under the legislation for a refund.

There is a possibility that because it is now over 6 months after purchase, DFS will argue that the legislation allows them to make a deduction from your refund to account for the "use" you have had from the sofa for over 6 months.

I see two arguments you can make to counter that:

(1) because of the nature of the fault you have not been able to use the sofa at all, so you should be entitled to a full refund without any deduction for use, and 

(2) you are still entitled to exercise your short term 30 day right to reject the sofa for a full refund because DFS were made aware of the defect at the time of delivery, thus pausing the 30 day clock, and they still haven't resolved the problem.  Thus the 30 day clock remains paused and therefore you can still exercise your short term right to reject for a full refund.

To be honest I'm not 100% sure of (2) as a winning argument but I see no harm in advancing both (1) and (2).

But see what other posters think first.


(NB - what was the actual date of delivery to you and when did the manager turn up with not enough legs?  Actual dates please.)

Thank you that’s really helpful. I’m going to include that in my email to DFS and see what they come back with I will update when I get a response. 

Silver_Shark

Gweather said:

I complained immediately upon delivery to the DFS delivery staff because the Delivery staff made me aware. They said they would inform the service manager, so I was relying on that and getting the feet in a few weeks. Which I didn’t mind waiting but six months now it’s just ridiculous. 

When my sofa was delivered damaged the delivery crew knew but I still had an awful time trying to resolve the issue with DFS but won in the end. Good luck OP, some sound advice above from Okell.

Gweather

@Aylesbury_Duck @Okell @Brie @the_lunatic_is_in_my_head

Thank you for your advice. I got a phone call today from a worried sounding DFS staff member. He offered me £150 reduction which I refused and quoted your statements that I would only accept a full refund under my right to reject. He profusely apologised and said he would email me back. 

An hour later he called again this time offering me £250 to keep sofa and said legs would be delivered in 10 days! Again I refused and repeated what I said, he relented and agreed, accepted full responsibility & he has said they will arrange to collect sofa and issue a full refund! 

I’m actually really shocked I thought it would be a big fight and take ages. 

I’m so grateful for all your help, I was really worried I was going to have to keep it as there’s a lot of horror story’s online & its a lot of money to lose. 

Great Advice!!!! 

I will update once I receive confirmation email and my money back as it’s only verbal but I did record the phone call just to be safe.  🥳

Brie

Glad you got a good answer!!!  And very glad you've got it recorded!!!  If they fail to come through that's the sort of thing one of those consumer advocate programmes would love to have!!!!!

Okell

@Gweather -  thanks for letting us know.

Like you I'm a bit surprised that they've folded so easily, but so be it.

Well done!

Gweather

“I’m following up with you regarding the issue with your DFS order.
 
We have actioned the return of the sofa as per your requirement. You will now recevie further instructions from our delivery/collection team for arranging the collection of the sofabed, cuddler sofa and care kit.
 
Once the sofa is received back into the warehouse, full refund will be issue to you, for which you shall receive communication form our central support department.
 
We are very sorry that you were not 100% satisfied with your order and we apologise for any inconvenience caused while we resolved this issue.”

above is the email they have sent me, thanks to all who commented and advised. 

@okell   Im shocked it’s resolved so quickly I really thought I’d have to go to the ombudsman and was dreading the wait. I suppose they must have known they were banged to rights. And using the terminology you gave and putting in the consumer rights act they probably thought I knew what I’m talking about. 

Okell

@Gweather -  keep that email safe!

Regarding "Once the sofa is received back into the warehouse, full refund will be issue to you, for which you shall receive communication form our central support department" note that s20(15) of the Consumer Rights Act 2015 actually says:

"A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund."

So they should pay you no later than 14 days after the date of that email or any earlier correspondence from them where they agreed to refund you.

So as far as you are concerned you don't need to be kept waiting for them to get it back to their warehouse if it takes longer than 14 days after that email.

Do you see?