DFS Sofa - 15 year warranty

moneymomma_

Grumpy_chap said:

Agree with our resident lunatic, but I can't see in the thread whether the OP paid using any credit / credit card.  If they did, would that offer an easier route?

@the_lunatic_is_in_my_head

Hi both, 

Originally a credit agreement (monthly repayments) but this was paid off in full soon after. 

Grumpy_chap

As you paid on credit, you have the benefit of S75 protection which holds the credit provider equally and severely liable with the retailer.
I am unsure whether this continues beyond the credit being cleared.

the_lunatic_is_in_my_head

moneymomma_ said:

Grumpy_chap said:

Agree with our resident lunatic, but I can't see in the thread whether the OP paid using any credit / credit card.  If they did, would that offer an easier route?

@the_lunatic_is_in_my_head

Hi both, 

Originally a credit agreement (monthly repayments) but this was paid off in full soon after. 

If you paid by credit you generally have Section 75 cover which means you can exercise your rights against the credit provider.

@born_again or others should conform if this type of credit falls within Section 75 but I think it does. 

If so you can raise an official complaint with the credit provider (they will likely publish a copy of their official complaints policy on their website), as they are regulated and going to the ombudsman will cost them they might be more helpful, although based on a previous DFS thread the company the poster used (V12) wasn't that helpful. 

That said you don't have to use their complaints process and can just fire off a letter before action to both DFS and the credit co and see if one of them buckles. 

If you draft a letter and wish to post a copy of it here (personal info redacted) we can give any pointers if needed  

born_again

DFS Trading Limited T/A DFS acts as a credit broker and offers credit products from a panel of lenders. DFS Trading Limited is authorised and regulated by the Financial Conduct Authority and is the broker and not the lender. Our registration number is 669893. Credit is provided subject to age and status. Minimum spend applies. Not all products offered on Finance are regulated by the Financial Conduct Authority.

So should/could be as would appear to be normal credit rather than Buy Now Pay Later (short term) deals that are excluded.

OP's finance agreement should have who the actual provider is. paying it off makes no difference.

the_lunatic_is_in_my_head

Hello OP

Thanks for posting, I’ll have a proper read through tomorrow, late morning. 

the_lunatic_is_in_my_head

Hello OP

As the letter before action is required to be sent as a hard copy in the post (AFAIK) I would send the below as a shot across their bow and if no joy send it as a letter with your bit at the bottom about court directly stated.

I'm prone to typos, etc, please have good read though and correct anything I've missed  

Dear DFS

I am writing with regards to order number xx which was delivered in September 2020. I have attempted to work with DFS at great length to rectify the issue without the need for escalation but I remain unhappy with the current situation. 

In brief, from around May 2023 we have had persisting issues with springs in the sofa which has been repaired 3 times by DFS, with the manufacturing issue still unresolved. Evidently the repairs are not rectifying the issue. You may refer to your internal records if you require further specifics of the history. 

As a result I wish to decline any further repairs and I write to formally notify you that I am exercising the final right to reject the sofa and seek a refund as per my rights in accordance with Section 24 of the Consumer Rights Act

https://www.legislation.gov.uk/ukpga/2015/15/section/24

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

I request that arrangements be made for the collection of the sofa and a refund issued without undue delay.

As the previous repairs were carried out under the 15 year warranty, which only covers manufacturing defects, it is a given that the goods do not conform to the contract. Specifically the sofa does not conform with regards to satisfactory quality 

I approached this subject on a telephone call with X from DFS on 4th February 2025 and received the following calculations on 5th:

The usage equation used is a 72 month period divided by the value of your goods which is £3,168 = £44 x 52mths (The amount of months use of the furniture) = £2,288.

As there has been 3 live services carried out on your goods, Plus an additional this month, We would remove 4mths off the usage fee working out at £176.

£2,288 - £176 = £2112 for 48mth usage fee

By this calculation I would only be entitled to a £1056 refund. Despite acknowledgment from DFS that the goods do not conform. 

As per Section 9(2) and Section 9(3): 

(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a) any description of the goods,

(b) the price or other consideration for the goods (if relevant)…

(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods— […] 

(d) safety; 

(e) durability.

I respect that I have had some use of the sofa so as such am not requesting a refund in it’s entirety. As the sofa is sold with a 15 year guarantee and is towards to higher end of the price spectrum my calculation is based upon

(3,168/180) x 44 months usage = a deduction of £774.40 resulting in a refund due of £2393.60. 

I assume if as part of your sales patter the 15 year guarantee was stated but you also noted the sofa would only last 6 years customers would question their decision to buy, if you wish to stand firm on the sofa only having a 6 year lifespan I do have questions to raise with regards to misleading omissions that alter the transactional decision of the average consumer resulting in a breach of the Consumer Protection from Unfair Trading Regulations 2008.

I hope to resolve this matter amicably, however as a great deal of time has already been spent dealing with both the repairs and previous discussions I no longer wish to discuss this matter at length. 

If we are unable to come to a prompt agreement inline with my above calculation please may you provide the exact name of the legal entity with which the contract was formed and it's registered legal address so I may seek recovery via alternative methods. 

Thank you in advance for your time and I look forward to hearing from you shortly.

Sincerely,

moneymomma_

moneymomma_

@the_lunatic_is_in_my_head

you have been incredibly helpful! Thank you so much! 

the_lunatic_is_in_my_head

moneymomma_ said:

@the_lunatic_is_in_my_head

you have been incredibly helpful! Thank you so much! 

My pleasure Hope it helps get some kind of resolve for you