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    • There is a huge difference between Roadchef who presumably have some morals and are concerned about road safety ... ... and Group Nexus who are only interested in £££££. So, yes, appealing and mentioning illness to Group Nexus won't wash because the PPCs are simply bloodsuckers. But the organ grinder/Roadchef could well be a different story.  Emphasise the medical emergency, that the person would have been committing the offence of dangerous driving had they left in the condition they were in, etc.  We say not to out the driver but I think you have to tell Roadchef that the driver was incapacitated and who that was. To answer your question.  Yes, Frustration of Contract has been argued in court many times, including by Mystic Bertie last week - he won.
    • "Do you have any proof of this?"  No no proof sadly, only that the vehicle arrived at 9pm and left at 01.27 - and who wants to drive in the middle of he night if they don't have to? I've read that pleading illness hasn't been accepted for appeals. Has Frustration of Contract been accepted in court then? Thanks for the contact details - how should I handle revealing driver details when I contact him? Do I try to keep the driver anonymous or do I just take the risk and tell all?
    • Have you seen dbuk2000's result? Absolutely thrashed a PPC in a residential parking case today.
    • Evening all My wife went to view a 25,000 mile Hilux pick up at a dealers in Doncaster last week. I couldn’t go as I was at work. She’s owned a few trucks in her time, so is fairly conversant with them I’d found it for her on the web, checked out the photos, called the dealer who assured me it was ‘stunning’. It says as much in their advert I specifically asked about the underside, which he said was also excellent. After viewing the truck, my wife left a £500 deposit by bank transfer. She also transferred £335 for car tax, which was done by the dealer with a receipt to prove so. On collection two days later, I found the vehicle to be woefully substandard. Areas of damage had been repainted with a brush (!) and the underneath was plagued with serious rot. The dealer said he couldn’t refund me our deposit as the boss was on holiday and it would need his approval. He then went on to say I was a time waster, I knew nothing about vehicles, that I was being intimidating (which is utter tripe)  He added they had incurred costs getting the vehicle ready for collection - yet more guff I have since sent an email recapping the event and asking for the deposit and the tax to be refunded. We have evidence of payment by bank transfer and also a bill of sale from the garage. Needless to say we left without the truck! Can anyone please advise us from how to proceed? Thank you
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DFS ignoring my right to reject **Resolved**


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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.

 

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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.

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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

 

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  • BankFodder changed the title to DFS ignoring my right to reject **Resolved**

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

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  • 3 weeks later...
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.

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