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DFS legally binding contract

howyegettinon1

Hi,

Looking for some legal advice on the sittuation we are in with DFS at the moment.

One week ago we went into DFS to buy a new couch for 1428euro, we had put down a 200 euro deposit and signed a legaly binding contract (which of course we didnt read or think too much of at the time of the purchase)

Later on that week we have changed our mind and went with a sofa offered to us by a family member for a fraction of the price.

We contacted the store to cancel our order and looking to return our deposit. The store manager advised there is no way to cancel the order once it placed and you have signed the contract (in a very rude and pushy manner)

We have been going back and forth between phone calls to the HQ in UK and emails which have also advised there is no going back you signed the contract ''deal with it'' type attitude

So today we recieved a phone call from the store to advise our couch will be ready for collection in two weeks.
I advised the manager i will not be taking the couch and i am willing to forfit my deposit at this stage.

Their reply is you bought this couch, you own it and end of!! The outstanding balance will be passed to a debt collection agency.

We look for some advice from the citzens information on cancelation policies, deposit returns and cooling of periods, between all we dont have a leg to stand on.

Paying them for the couch is not an option. Where can we go from here?

Thanks in advance

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CK73

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?

Earlier you said that paying them was not an option, which sounds l like you don't have the money to pay them, as otherwise paying them would be an option. That was perhaps misleading, as what you man is paying them is not an option that you want to take.

CK73

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.

If it goes through to a debt collection agency and he refuses to pay them, then they are in their right to go to court and demand payment. I don't know if it is slightly different over here to England, but I personally have in the past been taken to the small claims court for a loan that I couldn't pay and now have an agreement to pay them £5 per month, but my credit rating is really bad, which is a much worse thing.

Fred Swanson

This post has been deleted.

CK73

Fred Swanson wrote: »

This post has been deleted.

I always knew I was brought up in the wrong Country!!!! Thanks for explaining that and it does put a different reflection on the matter. I guess if they are saying they would pass the debt on, then they're not going to take him to court.

I am kind of lost as to why any debt collection agency would take a debt on though. They can't do too well out of it?

Fred Swanson

This post has been deleted.

slimjimmc

How did you put down the deposit OP, did you pay by card? I'm just wondering if there any possibility that the retailer can withdraw the remainder of the payment against your card once the sofa arrives into the store, e.g. does the contract pre-authorise this?

howyegettinon1

slimjimmc wrote: »

How did you put down the deposit OP, did you pay by card? I'm just wondering if there any possibility that the retailer can withdraw the remainder of the payment against your card once the sofa arrives into the store, e.g. does the contract pre-authorise this?

Yeah thats a good question, i had already called the bank to ask if they could and they told me they shouldnt but its a posibility and there is nothing they can do except maybe cancel my card. Also the sales man asked for the first and last 4 digits of the card, but just thinking now the middle 4 digits would be on the reciept from chip and pin, so i cancelled my card and moved all my money to another accout just in case they try something like that

howyegettinon1

Fred Swanson wrote: »

This post has been deleted.

This is the type of answer I was looking for!!

Oryx

howyegettinon1 wrote: »

This is the type of answer I was looking for!!

The key word in that post is MAY choose to write the debt off.

howyegettinon1

Oryx wrote: »

The key word in that post is MAY choose to write the debt off.

It's a gamble I am willing to take

Vikings

howyegettinon1 wrote: »

so i cancelled my card and moved all my money to another accout just in case they try something like that

howyegettinon1 wrote: »

This is the type of answer I was looking for!!

This is called burying your head in the sand. You're completely in the wrong and weaseling your way out of it. Just because DFS are a larger company you think that it makes it ok?

Pat Mustard

Vikings wrote: »

This is called burying your head in the sand.

If it was ten grand, he'd be burying his head in the sand. With €1100, there is a chance that people might deem it uneconomic to attempt to bring legal proceedings for debt collection.

howyegettinon1

The Mustard wrote: »

If it was ten grand, he'd be burying his head in the sand. With €1100, there is a chance that people might deem it uneconomic to attempt to bring legal proceedings for debt collection.

Exactly, also just spoke to my solicitor, there is a very very slim chance they will bother going down that road and not to worry about it. So as the 1200 isnt burning a hole in my pocket I will keep it there

Thanks for the help ladies and gents

brannid3

howyegettinon1 wrote: »

Exactly, also just spoke to my solicitor, there is a very very slim chance they will bother going down that road and not to worry about it. So as the 1200 isnt burning a hole in my pocket I will keep it there

Thanks for the help ladies and gents

....and you pay to see a solicitor :eek:

howyegettinon1

brannid3 wrote: »

....and you pay to see a solicitor :eek:

who said I paid to see him?

userod

Just ignore this. Nothing will be done about it. Same crowd tried the same nonsense with me over a €1800 couch set. They were annoying me with loads of phone calls for nearly 6 months after by the end I was just laughing at them and looking forward to the calls.

CK73

howyegettinon1 wrote: »

This is the type of answer I was looking for!!

I helped in the end then, as it was in answer to my post

whomitconcerns

userod wrote: »

Just ignore this. Nothing will be done about it. Same crowd tried the same nonsense with me over a €1800 couch set.

whatever about the OPs case and whatever he decides..its not nonsense...a contract was entered into and is now being breached...

this is how companies go out of business.....by people taking this "they're a business they can handle it" approach

userod

whomitconcerns wrote: »

whatever about the OPs case and whatever he decides..its not nonsense...a contract was entered into and is now being breached...

this is how companies go out of business.....by people taking this "they're a business they can handle it" approach

Great logic there :rolleyes:

hullaballoo

userod wrote: »

Great logic there :rolleyes:

Care to explain what you mean by this?

Thanks.

AlanG

If the contract is a UK one presented in Ireland you may have some scope fro challenge if they left out any specific Irish requirements – eg. If it is necessary to mention the sale of goods act on Irish contracts. Under EU rules I doubt this is necessary however.

If the sales people suggested that the deposit was all you were risking on order then you have grounds for a challenge – verbal statements outweigh written contracts if you can convince a judge they occurred (this sounds strange but there is case law setting a precedence)

You could examine the delivered couch very closely before signing for it and if there are any imperfections then photograph those and don’t accept delivery.

AlanG

CK73 wrote: »

but this would also impact on his credit rating, which I doubt he would want.

This sort of debt cannot impact your credit rating in Ireland - only bank debt or judgements in court. Collection agencies pretend they have an input into credit ratings but only the courts do.

AlanG

whomitconcerns wrote: »

this is how companies go out of business.....by people taking this "they're a business they can handle it" approach

In many cases this is true but in this case the business have already recovered much of the cost. They will take the deposit and sell the couch on the shop floor as a take away special at a discount of €200. This is why they set the deposit at €200.

whomitconcerns

userod wrote: »

Great logic there :rolleyes:

erm...a contract is entered into and is now being breached... wheres the logic issue there?

on the second point, by you saying that you should just ignore them and leave them calling, you are saying stick them with the couch.

if everyone does that, how do you expect the business to function?

It is very logical that if a company cant sell any of its stock it goes out of business..Its not rocket science

As for they can sell it to someone else....what if they cant? Simple counterarguement. How do you know the OP didnt order a brown and pink and green monstrosity that only a mother could love...its right the shop should be stuck with it??

userod

AlanG wrote: »

In many cases this is true but in this case the business have already recovered much of the cost. They will take the deposit and sell the couch on the shop floor as a take away special at a discount of €200. This is why they set the deposit at €200.

Exactly. Glad some sense being spoken here.

Their business model was designed to account for people not following through with the sale. Simple as.

whomitconcerns

userod wrote: »

Their business model was designed to account for people not following through with the sale. Simple as.

wow.......and we wonder why this country is a mess.....

userod

whomitconcerns wrote: »

wow.......and we wonder why this country is a mess.....

<---- That way for "The country is a complete mess, taxes are too high Joe"
:rolleyes:

whomitconcerns

userod wrote: »

<---- That way for "The country is a complete mess, taxes are too high Joe"
:rolleyes:

not really...advising people to ignore their contracts and agreements with a "Stick it to the man, sure they are big companies/banks and why should the ordinary person have to deal with any consequenses of their decisions." is pretty much as fundamental as Ireland's problems get and the advice you are giveing the OP.

Pat Mustard

howyegettinon1 wrote: »

just spoke to my solicitor, there is a very very slim chance they will bother going down that road and not to worry about it.

I hope his professional indemnity insurance is in order!

goz83

howyegettinon1 wrote: »

Yeah thats a good question, i had already called the bank to ask if they could and they told me they shouldnt but its a posibility and there is nothing they can do except maybe cancel my card. Also the sales man asked for the first and last 4 digits of the card, but just thinking now the middle 4 digits would be on the reciept from chip and pin, so i cancelled my card and moved all my money to another accout just in case they try something like that

The op is being a sneaky coward. That's not an insult, it's a fact. Cancelling credit cards and the like.

OP, it's still possible to draw funds against the card. This happened to me when i had a genuine dispute with a service provider and they had breached the contract. I had to charge back from a cancelled credit card on three occasions. I won each time, because i had the paperwork to prove they were in breach. In your case, YOU are in breach.

DFS may be inflexible besterds, but the OP agreed to it and then put his tail between his legs, where there is ample room and took steps to hide the money owed to DFS.