Bepolite wrote: » Irish contract law is almost identical. That said if the agreement has a clause about it being an English contract there might be some wriggle room there.
howyegettinon1 wrote: » Thats a great idea, the couch is already up for sale, so hopefull something comes thrue before the couch is ready for collection. I can still buy the couch but its an expense i dont need as i already bough another couch from a relative. So what will happen if i dont buy the couch? They are going to pass this off to a debt collection agency, who in turn will sell my stuff for me in order for me to pay for the couch which I have never used or collected? It doesnt really make sense, its easyer for them to retain the 200 deposit and sell off the couch to the next customer (between dozens of stores they have i dont see that being too much of a problem for them, keeping in mind they already have an extra 200 without lifting a finger) I can understand this approach if say I bought say a car on finance missed payments, the first thing that the debt collectors are going to take is the car? But in this case the couch has never left the store, if this was to go to the debt collectors shouldnt the couch be the first thing they take, and since its never left the store or the original packaging it should cover the cost of the debt? Also if i was persued for the remaining amount through the courts, Im a right to believe they can only look for the production cost of the couch, without their profit margin?
CK73 wrote: » Why did you buy a couch from a relative, knowing you had already bought a couch? It doesn't make sense. Surely the first thing you would have done is to check the contract and see if it was possible for you to cancel and on seeing that it wasn't, not to buy the couch from the relative. Perhaps you should give the couch back to the relative and get your money back from them, or would they take you to court too?
howyegettinon1 wrote: » I paid 100 for the new couch which is of better quality and much more comfortable, so at this point if i was to lose the deposit i would still be getting a bargain. So it doest suit me to pay another 1100 for something I already have, this is down to the timing of the buy and the offer from the relative. With a company this size you would expect them to have some leeway, it's not like i left it to the last day to cancel. Notice was given within 4 working days of placing the order
ABajaninCork wrote: » You're still not getting it. YOU signed a contract promising to buy a sofa from DFS. Without reading and understanding it. The contract is binding. It's irrelevant that your relative offered you a better quality sofa for far less money. DFS won't care about that. They want their money. Pay them. When the sofa comes in - sell it. Simple. Why are you making it so hard for yourself?
godtabh wrote: » why would you expect them to have leeway? They are a business not a charity
ABajaninCork wrote: » Why on earth have contracts if the clients can break them at will?
Fred Swanson wrote: » This post has been deleted.
CK73 wrote: » He could end up in the small claims court and have to pay them a small monthly fee, but this would also impact on his credit rating, which I doubt he would want.
Bepolite wrote: » Because when one is dealing as a consumer a certain amount of give is expected, as when dealing with consumers who are never the brightest bunch of people - I mean that as a general term not directed at the OP. Most of us are like kids in a sweetshop when we're out shopping. If consumers didn't need protection due to the fact they are not on an equal footing with the business we wouldn't need consumer legislation would we? What did people expect the OP to do? Go through the contract line by line an negotiate each clause? DFS have the OP's deposit, they don't make bespoke furniture, they make the same crap for everyone - albeit - roughly to the number of orders they have. The retailer will easily sell the sofa on, probably for full price. All this aside this is shocking customer service.
brannid3 wrote: » Could you not just ask, out of good faith, for a credit note for the value of what you have given? Does the contract say anything about a period of change of mind and allow for the purchase of a lesser value? I'm afraid the ball is in their court as you signed over.
CK73 wrote: » Why did he go for a high end sofa if money was tight? It makes no sense agreeing to buy a sofa that he considers to be of inferior quality. Why would you do that? Unless the quality only came into focus when a sofa was offered practically free? Seems like a lack of communication all round. Didn't the relative know they wanted a sofa? Why wait until they have signed a contract to offer them the sofa? I'm guessing it's one of those situations where talking about the sofa they had bought, resulted in being told they could have had one practically free and without thinking, they said yes.
howyegettinon1 wrote: » Good faith an DFS dont go together. I am willing to forfit the deposit to cover their loss, even at that the want to take legal action.
Beano wrote: » Line by line?? We're hardly talking about some obscure clause buried deep in the small print. You agree to buy a sofa for a certain, you buy a sofa for a certain price. its really very simple
Bepolite wrote: » It really isn't in consumer contracts because, contrary to popular belief, Judges and the legislators live in the real world.
howyegettinon1 wrote: » This is not a question of money being tight, Option 1 pay 1400 for a brand new sofa, happy days!! Option 2 save 1100 and get a better sofa! (just to gauge the quality the rellies sofa cost 3,500 new) Which one would you pick?
brannid3 wrote: » I don't think they would take legal action for something like that. The debt collectors will hound you though I'm afraid.
Sniipe wrote: » Would another way out of the contract be if the item isn't exactly as ordered at the time of purchase or if there was a flaw with the couch (minor or major)? (this thread reminds me of the show Suits)
