DFS - cancelling before delivery?

[bwfcboy]

A family member bought a new suite from DFS on credit, 12 weeks delivery.

 

We are 6 weeks down the line and disaster has struck.

His girlfriend has walked out on him and the house has to go up for sale so the suite is not wanted.

 

A quick call to DFS got the expected response that the order cannot be cancelled.

 

I wondered if under some clause or other it can be stopped or cancelled as it has not yet arrived?

 

Any help appreciated. Thanks

[rosiecotton]

Unfortunately there is no way you can legally cancel the order. If they do not want the goods any longer they would be in breach of contract and would be liable to pay DFS damages to cover their losses.

 

These damages can include a reasonable element for loss of profit.

 

However the trader does have to mitigate their losses (reduce them where possible). If they were able to sell the suite on to someone else then any profit they make on that sale would need to be deducted from any amount claimed from you for loss of profit. If they are being difficult they may claim that it was a separate sale and therefore they are still making a loss overall, but hopefully it won't come to this and something can be negotiated.

 

Ultimately only a court can decide on the amount of damages that they are entitled to claim. I have yet to hear of a court awarding more than 5% of the total contract price in damages, even in cases where there is a clear loss of profit.

[bwfcboy]

thanks, i feared that was the case!