DFS refuse to cancel order

[FairytaleOfLancashire]

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

@snookercue

"DFS won't deliver your sofa if you haven't paid the balance."

You know one of their biggest marketing campaigns is that you can pay nothing for a year?

Whatever your sister told you, one of you has got it very wrong

[quote myhobbyisouting]@snookercue

"DFS won't deliver your sofa if you haven't paid the balance."

You know one of their biggest marketing campaigns is that you can pay nothing for a year?

Whatever your sister told you, one of you has got it very wrong
[/quote]

I wasn't referring to finance packages. I was taking about cash payments. You pay a deposit then pay the balance before delivery. If you don't pay they don't deliver.

Pay nothing for a year is a credit agreement.

I think snooker you’re derailing the thread, this ones not about your sister.

Hasn't the OP applied for finance then?

Myhobby yesbibapoloedngorbfinancem
The woman in store was clear when she said I had 14 days to cancel that. She just didn't say I couldn't cancel the actual order. (yes it was in the email they sent me but I was in store and not reading them before I signed. Yes. Stupid.)
It doesn't matter if the finance is cancelled, the order is not able to be.
Guess I'm shopping with DFS.
Thanks for the advice and shake.

Finance or not, go and choose a sofa you want. Be more careful about signing contracts in the future. Move on

@myhobbyisouting

Hasn't the OP applied for finance then?

Yes. I didn't realise that's all.

@Bluntness100

I think snooker you’re derailing the thread, this ones not about your sister.

Yes I am. Because i mentioned sofas paid before delivery rather than finance, not because i mentioned my sister. I have fully acknowledged so.

Op, they’ve some lovely sofas, ans you clearly need one, because no one impulse buys a sofa, so just go pick one you like better and be done with it.

@Bluntness100 @MaryLeeOnHigh

Clearly my three degrees, law school and 10 years' practising as a solicitor is irrelevant .

OP - one other thought, do you have legal expenses cover on your home insurance? If so, give them a ring and see if they can help. They'll review the paperwork, the contract and if you do have grounds to rescind the contract, or if there are any other grounds to try and get out of taking the sofas, they may be able to assist.

[quote DappledOliveGroves]**@Bluntness100* @MaryLeeOnHigh*

Clearly my three degrees, law school and 10 years' practising as a solicitor is irrelevant .

OP - one other thought, do you have legal expenses cover on your home insurance? If so, give them a ring and see if they can help. They'll review the paperwork, the contract and if you do have grounds to rescind the contract, or if there are any other grounds to try and get out of taking the sofas, they may be able to assist. [/quote]
Well yes it is irrelevant ans it’s very bizarre, you don’t understand a judge will apply the contract if there is no evidence that she was told she will cancel. I’m not even sure to be honest, a verbal confirmation would even be enough to void the contract.

So I don’t know what kinda solicitor you were, clearly not contract law, because a judge will always apply the contract. You can’t just say they told me I can cancel, and the judge says, did they mate, aye, alright.

She’s no grounds to breach. And any solicitor would tell her so.

nope legally binding means just that. go and choose a new sofa

Wow @Bluntness100. I'd better go back to law school then....

I didn't say the OP had a clear cut case. I haven't reviewed the contract, nor was I privy to the exact conversations she had with DFS staff about the right to cancel.

What I do know is that most large corporates won't want to pay for legal advice and have the hassle of attending the County Court to squabble about something worth a few grand. Each party would have to bear its own costs on the Small Claims Track, so most companies won't bother to defend a claim and will settle.

The OP could arguably try to raise arguments about misrepresentation, UCTA (depending on the Ts&Cs) and the Consumer Rights Act. If the matter did go to Court, then the OP could adduce witness evidence about what she was told, all of which would be considered by the judge.

It may be that the OP is fighting a losing battle. But unless and until the documents are reviewed, then it's prematurely to dismiss her position as hopeless. Further, even if her position has no merit, if she is sufficiently persistent and willing to do battle with DFS, there's a good chance that they'll back down, to save themselves time, hassle and any negative publicity. I've seen it many times.

The OP could arguably try to raise arguments about misrepresentation, UCTA (depending on the Ts&Cs) and the Consumer Rights Act.

None of which would help her. There's no point in quoting possibilities without considering if they offer any protection.

the OP could adduce witness evidence about what she was told, all of which would be considered by the judge.

The witnesses are all DFS staff.

What I do know is that most large corporates won't want to pay for legal advice and have the hassle of attending the County Court to squabble about something worth a few grand

DFS has an in-house legal team. Plus if the finance is still in place (it appears to be), DFS won't need to do anything, they'll get their payment through the lender. The lender will then pursue the OP through debt collection.

But unless and until the documents are reviewed,

This is a standard form contract, you can find a copy on their website. There's nothing in it that will be open to challenge.

Is this not your area of law? I'm not doubting your qualifications, but your advice is very much academic, and not at all practical.

There is nothing to settle. She signed a contract it’s legally binding. They have done nothing wrong, she has no evidence of any wrong doing never mind them saying she can cancel, they have not breached.

Honestly, words fail me. Settle. 😂😂😂😂

there's a good chance that they'll back down, to save themselves time, hassle and any negative publicity. I've seen it many times.

This made me laugh out loud. DFS thrives on negative publicity!

@DappledOliveGroves if you are really a lawyer, and you spend your days advising people how to get out of sofa contracts which are clearly set out and easy to understand, you’re a charlatan

I'm with the others on this one. @DappledOliveGroves the days of companies like this backing down because of a letter before action that has clearly been drafted by someone's mate are long gone. I can't comment for DFS but all the large customer facing companies I've dealt with have policies now that they don't back down on this sort of thing because it customers talk, it spreads like wildfire that it worked and you then effectively set a precedent. They don't shy away from getting legal advice on a letter before action for a small value - they might just not bother to respond at all though and decide that they'll deal with it if it comes to court.

OP has admitted she was never told that she could cancel in store, she was told she could cancel the finance. She may have misunderstood but honestly it is unlikely that it was a direct misrepresentation. If she can prove that it was then she may have a case but she can't.

DFS have actually been decent here - they're willing to allow her to change the sofas, she just has to still buy from them.

Also a lawyer although I'll admit I don't have three degrees!

Clearly my three degrees, law school and 10 years' practising as a solicitor is irrelevant hmm.

Law degree, 25 years' practice as a solicitor here. In my experience companies don't just drop these claims; irrespective of the costs involved in individual claims, they simply can't afford to get a reputation as a company that's a pushover and won't enforce its contracts. The UCTA has no relevance in terms of consumer transactions, and the Consumer Rights Act doesn't assist OP. The problem here is primarily one of evidence. Airily saying OP will have witness evidence is a somewhat extraordinary assumption to make - how many people take the names and addresses of people in the vicinity when they make a transaction in a shop? OP's claim that someone told her she should cancel will be looked at against the written terms of the contract she signed, and I think we can predict which way that one will go.