Restocking fee for a not fit for purpose sofabed

SofaComfort

I have purchased from DFS a sofabed that was available only as an online product (not able to see or test in any of their stores) which I noticed about 3 weeks in after delivery that it had an issue, i.e., the seating cushion had two hard area across it which made it very uncomfortable to sit or lay down if you sat on them.
This wasn't noticeble to the naked eye or when I sat on the sofa after I received it, however when I tried to lay down on it for the first time it's when I came to notice the hard areas. 
I contacted DFS and informed them that there is an issue with the sofa and I was told someone will come to inspect it to see what the issue is and they will either fix it or replace it, depending on the findings.
The person came within 2 weeks and looked at the sofa, tested it and said that indeed there is a difference of comfort although there are no visible faults and that they will report this back to their manager and someone will contact me by Wednesday  (this was on a Friday) to give a resolution.
A week passed without any news, so after 10 days I called them to enquire about the status of my query.
I was told they do not have any report from the inspection but because I have notified them about the issue after more than 14 days from delivery there is nothing that can be done and that comfort is subjective.
I then raised a formal complaint with them under CRA which they dismissed saying the goods are not faulty and that I am not entitled to a refund as more than 14 days since delivery have passed.
I want to clarify that I did not ask for a refund but to be able to return the sofabed and select one of the same value which I can actually see or test in store. However they did not agree although their T&C state that if complaints are raised after more than 14 days then they can offer to repair the goods, or offer a replacement in case repairs can't be made. 
I then raised a complaint with the finance company under Section 75, which they dismissed saying that DFS told them the claim is not valid.
I escalated it to the Furniture ombudsman.
About 2 weeks after I raised the complaint with the Ombudsman I started to get calls from the Branch manager stating they gave it some thought and they are going to offer, as a gesture of goodwill, the possibility to reselect a sofa but that I need to pay a 20% reselection/restocking fee.
As I had raised the complaint with the OMbudsman I have contacted them to advise on the best course of action, but they said that the seller is entitled to contact me and make an offer during their investigation but that I am not forced to take it and that I can wait for their final decision before making my decision.
So I decided to wait for the Ombudsman resolution. A few weeks after it came which shocker said that DFS told them the goods were not faulty, and that is how the sofabed is built so they advise me to take the deal offered by DFS to reselect another sofa with a 20% fee.

I have decided to take court action on this against.
Could you advise if DFS can charge a restocking or reselection fee legally?
Also, what do you think are my chances to win this at court?

The sofabed was not custom made. It's the model they have online with the normal materials and fillings. And the issue is that it is not actually fit for purpose as it's very uncomfortable to sit or lay down on it especially if you sit on the harder areas. It's the same as sitting on a park bench with half of your buttocks and then on a cushion with the other. And when you lay down it actually gets into your rib cage or your hip (depending how you sit, lay down) and your leg gets numb after 2 minutes if you actually sit like that. 

A_Geordie

When you say you have decided to take legal action, does that mean you have already started legal proceedings against DFS?

DFS cannot charge a restocking fee if the goods are faulty. Their T&Cs online do state that if you don't have a statutory right to a refund or there is no fault found then if you wish to return the goods they may charge a 20% fee to cover any costs already incurred.

Based on what you've described, it sounds like the sofa is not of satisfactory quality or fit for purpose, but DFS argue it was manufactured this way and there is no such fault. It will up to a court to decide if what you have encountered meets the threshold for satisfactory quality or fit for purpose. 

So your next step is to send a letter before action to DFS. Given that the sofabed is on finance then you should also consider joining the finance company to the claim. They would be jointly liable with DFS under s75 and there could be a greater chance of settlement by suing them both. You are not obliged to include the finance company as a defendant to the claim, but I think it would be sensible since the automatic right to sue them exists already. 

If you do press ahead with legal proceedings, I think you need to succinctly describe the issue for better impact/persuasiveness. It will be up to DFS/finance company to defend the claim and argue there is no defect, but I think if they just rely on the fact it was manufactured that way, that doesn't mean there is no defect in the goods based on its design. 

P.s. The Furniture Ombudsman is as useful as a chocolate teapot. I would avoid them and just go straight to legal action next time. 

born_again

Given finance is involved. You could complain to them (which it sounds like you have) then if they have disagreed take it to FOS who have a bit more bit than the other one used.
But in reality you do need a independent report on the sofa.