DFS christmas delivey promise (refuse to refund deposit). **WON**

[pancake roll]

DFS v me (won). STAND UP TO THEM

Hi all,

I order a chair from DFS in November 2014 and paid a deposit of £100.00.

 

 

DFS promise to delivery my chair for the christmas period.

 

 

They failed to deliver the chair and informed me that the chair will not be ready till around the end of feb. 2015.

 

 

i made a complaint to the store and they refused my cancellation and my refund of the £100.00 deposit.

 

 

I wrote a final email/letter to the manager of the store and to the head office

and gave them 14days to refund the deposit if not i would sue them in the local court.

 

 

I also enclose in the email information about Unfair trading practices – buying from a trader and make them aware of this new rules.

 

Today i received email from DFS now agreeing to refund my deposit after reading the new rules for

UUnfair trading practices – buying from a trader .

I have attached letter from DFS for viewers see and take note.

 

Dear manager

 

Regarding my complaint . Below, i have attached information for your attention. Please read carefully and take note.

 

Unfair trading practices – buying from a trader

 

If a trader misleads you or behaves in an aggressive way you can report them to Trading Standards,

who may decide to take action against the trader.

 

From 1 October 2014, you may also be able to unwind (undo) the contract and get some or all of your money back.

 

This page tells you what action you can take when buying from a trader who misleads you

or acts aggressively, and how much you may be able to get back

 

What action you can take

 

If you bought something, on or after 1 October 2014, from a trader who acted unfairly when dealing with you, you may be able to:

 

 

• unwind the sale and get a full refund or have a discount, and
  
• get compensation for your loss or distress.
  

You may be able to do this where the trader’s practices or behaviour are:

 

• misleading or aggressive, and
  
• the trader’s actions played a significant part in your decision to buy from them.
  

This applies to most goods and services, including utility contracts, door-to-door sales, holidays and holiday lets.

It does not apply to

 

• financial services
  
• the sale of land or social housing
  
• credit, unless it is linked to the purchase of goods and services.
  

When can you unwind the contract?

 

You can unwind, or undo, the contract if:

 

• you do so within 90 days, and
  
• you have not fully consumed whatever you bought, and
  
• you have not already asked for and had a discount.
  

You do not need to show any loss or that the trader acted dishonestly or negligently.

 

How to unwind the contract

 

You must clearly tell the trader that you are rejecting what you have bought by saying or doing something to demonstrate this.

For example, write to the trader and say that you want your money back

because you were misled into buying the item or because the trader harassed you.

 

What happens when you unwind the contract?

 

When you unwind a contract, the contract will end and you should receive a full refund.

This should happen, even when you have used the goods or service for a while.

If you have been supplied with any goods, you must make them available for collection by the trader when you unwind the contract.

 

Continuous supply contracts

 

If your contract is for the continuous or regular supply of a product, for example, electricity or broadband services, and you have used it for more than one month, you will have to pay the market price for what has been used. This will be deducted from the refund.

However, if the trader’s behaviour is particularly bad and its effect on you severe, you will still be entitled to a full refund.

 

When can you get a discount?

 

You will be able to have a discount instead of unwinding the contract if:

 

 

 

• the product cannot be rejected, for example, a service contract which has been fully carried out, goods which have been completely consumed or digital content which has been fully downloaded, or
  
• the 90 day period has passed, or
  
• you do not want to unwind the contract, for example, because you want to keep the goods or carry on with the service contract.
  

You do not need to show any loss or that the trader acted dishonestly or negligently.

If you have a discount instead of unwinding the contract, the contract will continue but your discount can apply to what you have already paid and also any future payments.

 

How is the discount calculated?

 

If you paid £5,000 or less

 

If you paid £5,000 or less, the percentage discount depends on:

 

 

• what the trader did to mislead you or behave aggressively, and
  
• how badly it affected you, and
  
• how long ago it happened.
  

The amount of discount you can claim, depends on how seriously you were misled or harassed by the trader:

 

 

• 25% discount – more than minor. For example, the trader misleads you about the delivery date for a product
  
• 50% discount – significant. For example, a business misleads you about the health benefits of a product
  
• 75% - serious. For example, a salesman visits your home and greatly exaggerates how effective double glazing would be in reducing your energy bills and refuses to leave until you sign an order form
  
• 100% - very serious. For example, a salesman visits your home and bullies you, as a vulnerable consumer, into signing a contract for work you do not want and misrepresents that it was required by local council regulations.
  

If you paid over £5,000

 

If you paid more than £5,000, the set discounts may not apply. If there is clear evidence that the market price was less than what you paid when you made the contract, then the discount is the difference between the two prices. For example, if you bought a car, which you later found out had been clocked, Glasses’ Guide could be used to check the market price of the car with its true mileage when you bought it.

 

Compensation

 

As well as unwinding the sale or having a discount, you might be able to claim some compensation from the trader too. You will need to show that the trader’s behaviour means you have suffered any of the following:

 

 

• financial loss, which was reasonably foreseeable
  
• alarm or distress
  
• physical discomfort or inconvenience .
  

If the trader can show that they took all reasonable care to avoid misleading or harassing you, they will not have to pay any compensation. But they will still have to unwind the sale or give you a discount.

 

ANSWER FROM DFS TODAY

 

Dear Mr xxxxxx,

 

I am happy to say that we have managed to cancel your order with Furnico; the manufacturer of the chair you ordered.

Therefore we will be able to refund your deposit in full as we will not have to sell the chair from the shop floor.

 

From your reaction I am in no doubt that there has been some confusion about the delivery time of the furniture you ordered

and that your understanding of the time scale for delivery was different from what DFS could provide.

I am very sorry we could not meet your expectations on this occasion.

 

I do not feel that your sales person ...... has used "misleading information" or "unfair trading practices".

I do feel you were of a genuine belief that your chair would arrive just after new year.

We do strive to deliver clear and jargon free information to our customers so I will be conducting a review of the message

our sales team give when customers buy goods from DFS ......

I tried to call both numbers we have for you but was unable to get through.

If you have any questions please don't hesitate to contact me on 01463 701290.

 

Yours sincerely,

 

xxxx

 

General Manager DFS Inverness.

 

 

 

 

 

 

 

Edited January 10, 2015 by honeybee13
Manager's name removed.

[maroondevo52]

 

Today i received email from DFS now agreeing to refund my deposit after reading the new rules for

UUnfair trading practices – buying from a trader .

 

Good stuff

[citizenB]

Well done you

[pancake roll]

Thank you. I had a bit of a rough time with my bank since 2008 and the bank have made me tough. I am still not finished with them yet. I am 59 year women who will not let anybody bully me. I also took my local NATIONAL TYES to court and sued them for £2,000.00 and won. They refused to replaced parts that was faultly. (long story).

[citizenB]

Thank you. I had a bit of a rough time with my bank since 2008 and the bank have made me tough. I am still not finished with them yet. I am 59 year women who will not let anybody bully me. I also took my local NATIONAL TYES to court and sued them for £2,000.00 and won. They refused to replaced parts that was faultly. (long story).

 

 

Sounds like it might be an interesting one, on a day when you have nothing better to do, perhaps you could share

[pancake roll]

Which one do you want me to start? I do have a few stories I can tell. The problem is my grammar is not that good to put my experience on paper. I have been away for past few years, staying with my daughter in Australia to help her set up a business and also help her with the kids. I had to come back to sort out my bank who has a charge on my property. This story I can’t tell at the moment, because this one is still ongoing. From 2009 -2012 I appeared in my local sheriff court at least 22 or more times. One case took me 14 court appearances to win. This person owed me £3,000.00 and refused to pay me back. I sue him twice; the other amount was £2,500. Second time round was a little bit easy, only 6 court appearance ,as it was like a carbon copy of the first case. His solicitors made a bundle from him, I think around £9,000.00 in fees. Yes £9000.00, he could have paid me in the first place. I still have not been paid yet, the 8% interest is adding on these two judgment. This person lives down South and still refused to pay his judgment. I write to him every 6 months and remained him the balance; so far the debt has go up from £5,500.00 to £8,500.00.

I been also sued by 4 different card provider through the small claims court and I manage to win by sticking to my guns , knowing procedural requirements and understanding the concept of evidence , and what you need for it to prove a factual matter. I had to put my head down and did a lot of reading. The sheriff was surprise with me, because I had all the rules type out ready quote to him and the other side solicitors . He was very good and understanding judge. When you are acting for yourselves in a small claims court, as a party litigants you tend to put things across on a personal level than if you had the solicitors acting for you. You don’t expect to use technical terminology. The most nervous time for me was when I had to examined my witness with questioned. I was anxious for days, thinking the entire question to ask him. I got through it ok. I did tell you it a long story.

[citizenB]

It is this kind of dogged determination that will help others empower themselves.

 

Sounds like you are pretty much taking up residence at the local court house

[Eversir]

Congrats, well done on standing your ground

[Asbestross]

Which one do you want me to start? I do have a few stories I can tell. The problem is my grammar is not that good to put my experience on paper. I have been away for past few years, staying with my daughter in Australia to help her set up a business and also help her with the kids. I had to come back to sort out my bank who has a charge on my property. This story I can’t tell at the moment, because this one is still ongoing. From 2009 -2012 I appeared in my local sheriff court at least 22 or more times. One case took me 14 court appearances to win. This person owed me £3,000.00 and refused to pay me back. I sue him twice; the other amount was £2,500. Second time round was a little bit easy, only 6 court appearance ,as it was like a carbon copy of the first case. His solicitors made a bundle from him, I think around £9,000.00 in fees. Yes £9000.00, he could have paid me in the first place. I still have not been paid yet, the 8% interest is adding on these two judgment. This person lives down South and still refused to pay his judgment. I write to him every 6 months and remained him the balance; so far the debt has go up from £5,500.00 to £8,500.00.

 

Well done for standing your ground, but for me personally; it sounds like you're being too lenient with him considering you have active judgments against him.

 

Make the next letter detail potential bailiff action should he fail to make payment as ajudged. You've given him plenty of opportunity to pay what he was ordered to pay, he hasnt, take the next logical step or he will continue to evade payment.

[pancake roll]

Hi,

thank you for comment. I have already register the two judgment in the high courts in England, (i live in Scotland). This person is a very close family member, the scottish judgement is alive for 20 years. I have to much going at the moment, i will deal with this one later. I know the bailiff action is different in England, Scotland dont have baliffs. I have seen it on the TV about the English Baliffs , they cant do this up here in Scotland.

Pancake