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urgent legal type advice needed on returning goods please !!!

18 replies

AllieBongo · 18/01/2007 14:07

I have today had dfs out to look at my £2k suite that I bought from them 6 months ago that looks as wrinkled and faded as an old mans dangly bits. The service guy said it was the "style of the leather" and that he could do nothing about it, and that we had bought the wrong type of suite for our needs. I specifically asked the guy in the shop for a hardwearing, wipeable leather suite, as dd had severe relux and had ruined my fabric one with vomit, and I needed to be able to wipe it clean etc. His response was that if she was sick on it, it would be ruined, and that my only option was to sell it 2nd hand and buy a new one. I haven't even paid for it yet! I phoned the store, and the lady admitted it should never have been recommended to me. I am now waiting for a call from the manager and would like to be armed with any legal type phrases (if any) that I can quote. I am so upset, so really need a little help pls!

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MamaG · 18/01/2007 14:09

of fucking hell allie, I'm teh same! I got a leather sofa from DFS just before xmas, its "natural" leather and if you fart on it, it leaves a mark.

I kicked off about a scratchy/scuff that was present when it arrived and a little man came out and told me that the leather will give and after 10 months will have stretched as much as its going to - to call them then and they will re-fill the cushions to fit the stretched leather?

CRAP!

AllieBongo · 18/01/2007 14:13

the service bloke just phoned me to say that he never told me that it had been mis-sold, the lying fecker. I said to him that he told me we had bought the wrong thing, but it was on their recommendation as i am not a suite expert and that is what their fecking advisers are there for. I am so livid, he is going to phone me up after 3pm aaargghhhhhh they are wankers

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MamaG · 18/01/2007 14:14

oh God its awful isn't it?

WHY do they do this? I complained about ours - said I didn't know any little bit of moisture would mark it and the bloke said "oh, you should have got a wipeable one"

I thought I bloody did!

Wankers.

TheArmadillo · 18/01/2007 14:15

If it has been sold to you as fit for the situation you describe and then has turned out its not it would be 'miss-selling' - i.e. selling a product for something it is not suitable for.

I think they are legally obligated to provide you with an alternative product that is suitable. Afair they do not have to offer your money back as long as they do this.

The problem usually occurs in proving that it was 'mis-sold'. If you phoned and the person "admitted it should never have been recommended to me" that could strenghthen your case, but don't assume because she said that then the management will think the same.

Hope it all goes fine.

consumer direct page for if you have problems.

TheArmadillo · 18/01/2007 14:17

just seen latest post - contact consumer direct and get their advice.

They can advise you on the next step if you want to take it further and about what is likely to happen.

HTH

LIZS · 18/01/2007 14:23

Trading Standards ?

AllieBongo · 18/01/2007 14:36

i have just spoken to consumer direct, we are outside the 6 month rejection period by a few days I now have to get in writing from DFS that they have recommended the wrong suite. Thanks for all your help

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MamaG · 18/01/2007 14:39

rejection period? whats that?

AllieBongo · 18/01/2007 15:27

6 months from delivery...

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MamaG · 18/01/2007 16:25

dur

AllieBongo · 18/01/2007 16:25

they still haven't phoned me back.. i rang originally at 11.45 shall i pester them??

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AllieBongo · 18/01/2007 17:29

the store manager is coming out to see me next wednesday... he was very apologetic, whether I get a replacement is another story thanks again to those who helped

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MamaG · 19/01/2007 14:23

oh good luck, give him hell!

AllieBongo · 19/01/2007 18:20

ta babe. I spoke to one of the owners of a leather and upholstery cleaners at work today. They will also back me up, and they are the people that dfs pay to protect and clean their suites

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AllieBongo · 24/01/2007 17:18

He has just been, they are taking the suite back. I could have killed my dh, I told him to let me do the talking but he kept admitting blame for stuff. We have to contribute £200 towards the cost of it as we have had it a while etc, which is fine. I will only buy a 3 seater and an armchair this time as i don;t really use the spare chair and pouffe so all is well

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fizzbuzz · 24/01/2007 17:33

Hmmm dp had this with dfs. Sofa broke after 2 1/2 years, and THEY said dc's must have been jumping on it, and refused any refund, because it was past 2 years guarantee.

Dp went to consumer rights, who suggetested he call in a specialist to inspect it. He did and specialist said basically it was a pile of crap, and dp got all his money back. Would never ever buy anything from them, they are crap.

Your sofa was sold to you as "fitness for purpose", and it isn't meeting that. I teach consumer rights at A level, and you are entitled to a refund, as item is not performing satisfactorily (sp? sorry tired!)for the purpose it was required.

DFS are so *shit

AllieBongo · 24/01/2007 22:40

bump for mama g

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MamaGrr · 02/02/2007 21:57

Hurray, I'm glad you got sorted (grr at DH!!)

Just think of it as 6 months hire

Are you getting new one from DFS?

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