DFS ignoring my right to reject **Resolved**

[Messi]

Bought a 3 seater power recliner sofa on finance from DFS Dec 2021, 5 months later in the May 2022 I noticed the cushions were leaning over to the left and sinking where you sit.

I tried several times to call DFS but their line kept cutting me off ( I videoed this happening ) I eventually managed to get through and informed them the whole seat area was sunk and leaning over, they arranged for an independent ( NONE DFS EMPLOYEE )  inspection, the man who came said the whole seat had failed but he could not do anything except write his report. Sixteen weeks later DFS came and made a repair.

Between July 2022 and Aug 2023 the sofa has had 6 DFS managers out, 3 have made repairs which all failed within a month or so, and 3 that just tipped the sofa over, looked under it and declared there is no fault.

Every time, DFS have said there is no manufacturers fault and will not accept my consumer rights

I have involved DFS CEO, RESOLVER, Furniture Ombudsmen which is a bit iffy considering the head of DFS customer complaints is on the board, V12 finance.

I have tried numerous times to reject the sofa, offer to pay the 5 months when we COULD use it, if they cancel the finance and refund our deposit, plus the remaining months we could not use it and take their sofa. 

13 months after DFS sent their first independent inspection out, I managed to get a copy of his report, as I requested a SAR, and in the report, he states the issue is a manufacturing fault, twice, and states the whole seat has collapsed and offers no support whatsoever, remember this report was July 2022, so 13 months ago. He also noted my build and marked it as medium, its not like I am a sumo wrestler !

DFS are still insisting there is no manufacturing fault, they will not cancel the finance, V12 Finance sent me an email to say the report shows no manufacturing fault yet I have it here, how can they deny that?

The last man to come out yesterday and inspect said there has been a clip and bracket missing " probably from the beginning ", and this has caused the whole seat to collapse away from the middle / rest of the sofa. He cant understand why the previous dfs inspectors have not seen its missing ( therefore cant be clipped into place properly ) as this could have been sorted months ago. He also said the whole interior seat needs replacing, along with the underneath and the backrest repadding as they too have sunk. I have a recording of this as is my right in my own home, so I can refer back to what was said.

This sofa has been like this since May 2022, so 15 months.

DFS keep fobbing me off saying its not a manufacturing fault so I said I wanted to reject as not fit for purpose, not of reasonable quality, but they just come back with , its not a fault and the refuse to act. I pointed out my husbands side of the sofa has had no issues except for the seat area sagging, his backrest does not come away from the rest of the sofa like my side does. 

DFS Have said the seat has an issue because 1) I am sitting on it too much, 2)  I am sitting on it incorrectly, ie, too close to the arm rest 3) I have dragged the sofa about ( I am 60, with a long documented back issue, I could not more drag the sofa out that I could ski down Everest.

I have asked the finance company to step in but all they and DFS do is drag their heels meanwhile we are still paying monthly for a sofa that cant be used for the purpose it was made for.

I dont want to take them to court unless this is an absolute last resort but  I believe they are both liable.

 

[BankFodder]

We can help you but you had better change your mindset in terms of going to court.

You better start to understand that court is absolutely your first resort and if you can accept that then we can help you sort this out.
You say that there is a finance company involved – which finance company is this? Is this a hire purchase agreement – or simply an ordinary loan to buy the furniture.

[Messi]

Hi firstly thanks for picking up on my post.

I think its called a fixed term loan, interest free same amount per months with v12 finance, who also say there is no manufacturing fault even though they have the report which says the exact opposite.

[BankFodder]

So I gather this was a loan – but not hire purchase. Is that correct? Can you doublecheck that please by having a look at your paperwork

[dx100uk]

12mts int free, the product will be named on the agreement and as its int after 12mts it will be HP i suspect .

 

 

[Messi]

Well, I am happy to report I have just had the head honcho on the phone, they are collecting the sofa tomorrow and refunding all our payments over the last 20 months including our deposit, and cancelling the finance asap. Not charging me usage and no charge to collect the sofa. My 18 month nightmare is over, and I did it without going to court.  I cant believe I took on DFS and won, all on my ownsome.

Sorry nobody got chance to advise, thank you though

 

[BankFodder]

Congratulations and thank you for letting us know.

The next piece of advice would have been to send a letter of claim and sue them. Your chances of success would have been much better than 95%.

However, I'm very pleased that DFS have stepped up to the mark. Please do come back and confirm that it all went smoothly.

DFS haven't got a very good reputation on this forum – but maybe they have got somebody there who is now starting to take control of their customer-facing operation.

Well done

[Messi]

I will post once its all settled but they are collecting the recliner sofa tomorrow, no charge, they are paying our deposit straight into the bank, the finance company will take up to 14 to refund but I am getting every payment back, and they are not charge me a % for usage either, and the man on the phone was Harry Yunis  himself, talk about going to the top

[Messi]

On 03/08/2023 at 16:25, BankFodder said:

Congratulations and thank you for letting us know.

The next piece of advice would have been to send a letter of claim and sue them. Your chances of success would have been much better than 95%.

However, I'm very pleased that DFS have stepped up to the mark. Please do come back and confirm that it all went smoothly.

DFS haven't got a very good reputation on this forum – but maybe they have got somebody there who is now starting to take control of their customer-facing operation.

Well done

Sofa gone, all refunds paid out.  and I did it MYYYYYYY WAYYYYYYY

 

All refunds paid, no usage fees, co court fees, all my own work I took DFS on and wiped the floor with them. They are a disgraceful company and I pity anyone unfortunate enough to buy from them.

[Nicky Boy]

Congrats!

I concur with the sentiment. Had protracted dealings with them myself in the past...