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Original poster

DFS refuse to cancel order

69 replies

FairytaleOfLancashire · 16/12/2020 12:38

I ordered 2 sofas, panicked when I got home and called to cancel the next day. Lady said I had til delivery to cancel and not to panic, so I said I'd take the weekend to chat with DP and decide. Monday I rang and was told I could NOT cancel and I'd been told this when signing (I absolutely wasn't, all terms and conditions were emailed, she didn't say it was uncancellable)

After LOADS of stressful calls they finally agreed to cancel the order, and advised me to pop down to see what I'd like instead.
Great.

I haven't been down. The shine has gone off new sofa shopping, and DFS were so horrible and caused so much stress I don't want to shop there again.

Just had a phone call telling me if I don't order something before January they wil reinstate the original order and make 2 sofas they know I don't want.
The paperwork only says "this is a legally binding contract", it doesn't say I have no right to cancel.
Can they MAKE me buy a sofa?
TIA

OP posts:
ScottishStottie · 16/12/2020 13:37

The wrong advice from customer services might be due to call centre staff being confused about orders online vs in store. Online you do have a 'cooling off' period that isnt valid for store purchases.

If i were you i would ask to speak to the store manager, not to demand anything but just to ask for complete clarification on what is happening with the order given that youve been told many different things now. But as i say, dont go in demanding anything or defensive to the situation, just a fact finding mission. If they offer you to pick another then take it up as thats probably the best thats going to come of this.

WhereverIGoddamnLike · 16/12/2020 13:38

And did you ever think to ask for the name of whi you spoke to or ask them to email you the information they had just given you whilst they were still on the line?

Whenever I speak to customer services if its something that could be a problem, I always ask them to email me what they have said whilst i stay on the line. Almost every one of them can send emails to customers so it's never been a problem.

Unless you've got names and those comments in writing then you're not going to win fighting them on this because you dont have a right to cancel.

CuriousaboutSamphire · 16/12/2020 13:43

Email/write in with tmes/dates of your calls. They should have them recorded, they can review them...

But the last person is right. You order them in the shop, they order them to be made as per your order. You can't cancel, it's a legally binding order, wholly in accordance with the law!

PinkPurpleFlowers · 16/12/2020 13:44

Phone store, as for the Managers-name
Then ask to speak to the Manager, look on line to check the details first.

Check when you phoned to cancel.

Either they forgot to cancel your order, or they are trying it on to keep the commission.

Check on line as to your actual legal rights.

Derbee · 16/12/2020 13:48

They’ve allowed you to have the credit and buy something else. Why not go and choose the sofas you DO want whilst you have the chance?

Your other option is to end up with the sofas that you don’t want, so surely it’s an easy decision. I don’t understand how you can buy sofas, get home and panic, and want to cancel? Surely you went to buy sofas because you need sofas?

Powaqa · 16/12/2020 13:50

DFS are well known for refusing to cancel orders when bought in the store. There are loads of reports like this online. I tried to do the same with mine 1 hour after leaving the shop but had to accept the sofa as I would still have to pay. Last sofa I ever bought from them

Original poster
FairytaleOfLancashire · 16/12/2020 13:52

PinkPurple they seem to be just hanging onto me as a customer for the commission.
I think that the issue is probably the online vs in store purchases, which is why customer service is giving me such different information to those in store.
I asked the second customer service lady if they record calls to prove what was said, she said yes.
The guy this morning said that calls AREN'T recorded so there's no proof other than my word that I was told I could cancel any time.

OP posts:
CuriousaboutSamphire · 16/12/2020 13:52

Check on line as to your actual legal rights. As quoted in the first response and referred to in a few posts tehreafter?

Whether DFS or various government sites the info is the same: You order them in the shop, they order them to be made as per your order. You can't cancel, it's a legally binding order, wholly in accordance with the law

A credit note is generous of them, as others have said, you don't order sofas on a whim, do you? So it is reasonable to assume that OP must need sofas!

Original poster
FairytaleOfLancashire · 16/12/2020 13:55

Powaqa this will be the last time I ever shop there too. Or ANYWHERE without checking all the details
Still learning.

OP posts:
WhereverIGoddamnLike · 16/12/2020 14:08

I really dont understand how you could order sofas and then suddenly panic and change your mind. I get it if you bought the for a new house and then the sale falls through but if they're just for your house then what happened?

You would have measured up the sizes you could manage, you would have liked online for ideas, you would have discussed it with the other adult and deiced on the requirements and colours and then you went into the shop, tried out some sofas and picked the ones for you. How did you end up in this situation wanting to cancel?

DFS havent dont anything wrong here.

MaryLeeOnHigh · 16/12/2020 14:09

I don't really see why DFS are the villains in this. You changed your mind they didn't have to let you cancel the order but they did, it's not their fault you haven't been back to look for an alternative. Just get yourself back there and sort that out, FFS.

RunningFromInsanity · 16/12/2020 14:11

@MaryLeeOnHigh

I don't really see why DFS are the villains in this. You changed your mind they didn't have to let you cancel the order but they did, it's not their fault you haven't been back to look for an alternative. Just get yourself back there and sort that out, FFS.
This.
Bluntness100 · 16/12/2020 14:14

@snookercue

Can they MAKE me buy a sofa?

Just don't pay the balance. You will lose your deposit and the sofa will end up in a showroom.

This is some of the worst advice I’ve ever seen. They will sell the debt to a debt recover any agent and it will escalate till the bailiffs are at your door

You can’t get out of owing money on a legally binding contract by refusing to pay and take delivery, for gods sake. 😂

DappledOliveGroves · 16/12/2020 14:14

If you were given the information that you could cancel, before you placed the order, then you could claim misrepresentation and seek to have the contract rescinded.

You could draft and send a Letter before Action, prior to taking delivery of the sofa - I would imagine they'll then cancel the contract to avoid the hassle and bad publicity.

Do you have any friends who are solicitors who could help you to draft it?

addictedtotheflats · 16/12/2020 14:15

I dont see how you went to a store, probably spent a while looking round, sitting on sofas, actually seeing them in real life and as soon as you got home realised you had made a mistake! Just go back and pick a different couch, I dont think DFS have done anything wrong really

MaryLeeOnHigh · 16/12/2020 14:20

@DappledOliveGroves

If you were given the information that you could cancel, before you placed the order, then you could claim misrepresentation and seek to have the contract rescinded.

You could draft and send a Letter before Action, prior to taking delivery of the sofa - I would imagine they'll then cancel the contract to avoid the hassle and bad publicity.

Do you have any friends who are solicitors who could help you to draft it?

I'd be prepared to bet that OP was not told this - and she has confirmed that the paperwork says it was a binding contract, which obviously supports that: by definition, a binding contract is not one that can be cancelled.
Bluntness100 · 16/12/2020 14:22

@DappledOliveGroves

If you were given the information that you could cancel, before you placed the order, then you could claim misrepresentation and seek to have the contract rescinded.

You could draft and send a Letter before Action, prior to taking delivery of the sofa - I would imagine they'll then cancel the contract to avoid the hassle and bad publicity.

Do you have any friends who are solicitors who could help you to draft it?

Don’t be silly.

Firstly she has nothing to prove she has been told this. What she does have, and what dfs has, is a contract she agreed to which doesn’t permit her to cancel

The contact is legally binding. They won’t give a shit about a letter before action a judge will uphold the contract.

snookercue · 16/12/2020 14:23

This is some of the worst advice I’ve ever seen. They will sell the debt to a debt recover any agent and it will escalate till the bailiffs are at your door

You can’t get out of owing money on a legally binding contract by refusing to pay and take delivery, for gods sake. 😂

That's what they told my sister to do. I guess it's different when you sign up for finance.

myhobbyisouting · 16/12/2020 14:24

"They were just standard sofas, absolutely nothing custom about them, no way could they have already started making them"

@TokyoSushi you do realise they aren't knocking them up in the back room don't you? When the order goes in you've started a chain of events...somewhere in Asia. Why wouldn't they have started? With a DFS sofa you have a choice of fabrics/colours etc and so yes, they are custom made and made to order.

OP - this is completely your fault, not DFS. Just go and choose the sofa you want.

Bluntness100 · 16/12/2020 14:26

I’d agree just go and pick a sofa op. You clearly need one or you’d not have done this in the first place.

This isn’t a war you can ever win.

canigooutyet · 16/12/2020 14:28

Online and instore have to vary because of distance regulation rules. Many companies have similar differences not just DFS.

This isn't anything new with DFS, I bought a sofa from them circa 20 years ago and the policy existed then as well.

Not really their fault because you changed your mind. Not really their fault because like many, you couldn't be bothered to read the T&C's.

T&C's exist so the user and the supplier are clear about each others responsibilities.

ScalpHelp · 16/12/2020 14:30

Why don’t you like the sofas?

If I were you I’d take them up on their offer and buy the most popular sofas they stock with a view to resell them? As you’d have a better chance at maximising the money you receive back.

TokyoSushi · 16/12/2020 14:32

@myhobbyisouting

"They were just standard sofas, absolutely nothing custom about them, no way could they have already started making them"

@TokyoSushi you do realise they aren't knocking them up in the back room don't you? When the order goes in you've started a chain of events...somewhere in Asia. Why wouldn't they have started? With a DFS sofa you have a choice of fabrics/colours etc and so yes, they are custom made and made to order.

OP - this is completely your fault, not DFS. Just go and choose the sofa you want.

Perhaps you're right, they're very nice sofas so it all worked out in the end!
snookercue · 16/12/2020 14:33

@Bluntness100

Also to add to that, I never mentioned refusing delivery. DFS won't deliver your sofa if you haven't paid the balance.

I realise we are talking about w situation where finances has been signed though, so totally different.

canigooutyet · 16/12/2020 14:33

They were just standard sofas, absolutely nothing custom about them, no way could they have already started making them"

If they were standard sofas, wouldn't take around 8 weeks to deliver assuming there has been no delays and it's a popular choice.

Argos however who do sell standard sofas, can deliver tomorrow.