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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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Comments

Bepolite

lulu1 wrote: »

Is it the done thing now to sign a contract when you buy a couch just shows how long it is since i bought a sofa

To be fair you enter into just as an enforceable contract everytime you buy a Mars Bar.

lulu1

Is it the done thing now to sign a contract when you buy a couch just shows how long it is since i bought a sofa

Fred Swanson

This post has been deleted.

Little CuChulainn

Probably passed it on to a debt collector.

whomitconcerns

Oh dear.....

howyegettinon1

I got no updates on the email so I thought this thread had died down.

So the latest update on this is... DFS called a couple of times to tell me politely "your couch is ready for delivery" which I didn’t pay for. I advised each time I am not buying this couch and I don’t have the money to pay for it, if you like to take legal action work away.
3-4 calls later I told them again I have no money and will not be buying the couch and to stop calling my phone as you are disturbing me.

I have not heard a thing since it’s been about a month now.

SO FOR ANYONE ELSE READING THIS WHO IS IN THE SAME SITUATION, I STRONGLY ADVISE NOT TO GIVE IN AND HAND ANY MORE MONEY TO DFS.

howyegettinon1

goz83 wrote: »

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.

Your having a laugh!! This is called thinking ahead, dont know about you but I dont have 1200 to throw away with the wind. Contract or no contract it's my money and im not handing it over that easy.

If any one is sneaky it would be DFS who would try to withdraw funds from my account without my permision.
What if I was on holiday in different counrty and they took my money for food and accommodation??? What then??

userod

Jimfo1970 wrote: »

howyegettinon1

DFS are up €200 so they will hardly follow you. If the truth be known that's all the €1428 couch cost them anyways so I would not worry too much. I don't know how we all get brain washed in to buying from these large pressure retailers. I purchased from a large retailer recently who has since gone out of business and paid up front but got no couch.

You think they are selling them at 7 times the cost? Maybe the reason the large retailer went bust is from something similar to what you are advocating above (not worrying much about not paying for what you ordered) and thus the reason you got stung.

godtabh

Jimfo1970 wrote: »

howyegettinon1

DFS are up €200 so they will hardly follow you. If the truth be known that's all the €1428 couch cost them anyways so I would not worry too much. I don't know how we all get brain washed in to buying from these large pressure retailers. I purchased from a large retailer recently who has since gone out of business and paid up front but got no couch.

Always use a credit card for large purchases. If you dont have a CC only pay a small deposit or take it away then and there.

Jimfo1970

howyegettinon1

DFS are up €200 so they will hardly follow you. If the truth be known that's all the €1428 couch cost them anyways so I would not worry too much. I don't know how we all get brain washed in to buying from these large pressure retailers. I purchased from a large retailer recently who has since gone out of business and paid up front but got no couch.

Fred Swanson

This post has been deleted.

GerardKeating

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

Did you pay by the deposit by debit or credit card, if it was a credit card, (and they had already obtain an auth code) they can still process a charge on the old credit card number, your bank will just forward the charge to the new number.

The old "just cancel the card" trick is a well worn scam.

userod

whomitconcerns wrote: »

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.

Ok so. As you like.

OP In any case , don't bother paying, nothing will happen. I wouldn't lose any sleep over it either, I'd say DFS will survive this one.

Pat Mustard

Bepolite wrote: »

On thing your post reminded me of is that most of DFS' stuff is sold on credit. This might be where people are getting the credit thing from?

Dunno. I have yet to darken their doorway.

Fred Swanson

This post has been deleted.

Bepolite

The Mustard wrote: »

Whether the OP wants to take a chance regarding whether he gets sued or not, the credit rating is a different issue.

This relates to the Irish Credit Bureau. My understanding is that only debts arising out of legal actions by lenders are recorded by the Irish Credit Bureau.

I am assuming that DFS is not a lender here.

Apart from the registration of a debt in the Central Office, (which I reckon is unlikely for the amount in question), I don't see how this is going to affect the OP's credit rating.

The OP may be taking a chance, but he isn't a fool.

On thing your post reminded me of is that most of DFS' stuff is sold on credit. This might be where people are getting the credit thing from?

Pat Mustard

Fair enough.

CK73

The Mustard wrote: »

What does this have to do with professional indemnity insurance?

I didn't mean to quote you. I meant to hit the reply button, not the quote button.

Pat Mustard

What does this have to do with professional indemnity insurance?

CK73

The Mustard wrote: »

I hope his professional indemnity insurance is in order!

DFS are currently advertising and make a point of saying that the sofas are made to order. Evidently they don't have huge warehouses to put all these unwanted sofas in and I'm sure having too many duplicates in the shop front is going to look rather messy.

I can't help but think it is wrong to just change your mind like that and not respect that you entered a contract. No company can afford to bridge the gap of situations like this any more.

It's not something I would do.

Pat Mustard

Whether the OP wants to take a chance regarding whether he gets sued or not, the credit rating is a different issue.

This relates to the Irish Credit Bureau. My understanding is that only debts arising out of legal actions by lenders are recorded by the Irish Credit Bureau.

I am assuming that DFS is not a lender here.

Apart from the registration of a debt in the Central Office, (which I reckon is unlikely for the amount in question), I don't see how this is going to affect the OP's credit rating.

The OP may be taking a chance, but he isn't a fool.

preytec

I have to agree with a lot of the posts on here too, don't stop any payment, don't mess up your credit rating over a couch.
Try to sell it on, that's the best option IMO.
But the contract said that this is a one of a kind counch made just four you. If that is not true then you'd have a right to return the couch

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.

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!

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.

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: »

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

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: »

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??

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.