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Hi
Looking for advice/experiences please.
My elderly mother ordered a suite from DFS. She paid for leather on a 4 year finance. The suite was a 3 seater sofa and a rise and recline chair - as she is disabled.
She took delivery of said suite in Feb 2017......around 6 months later the chair padding was flat and the front bar was extremely uncomfortable. They came out and were meant to have remedied this - by inserting additional foam.
She then experienced the same problem again - and they came out again and did the same.
I then advised her to send them a recorded letter before action stating that she had given them the opportunity to fix the problem and it still was not remedied - this was Jan last year. The letter was signed for at Head Office and yet nobody got in touch. I had some personal issues happening and took my eye off the ball somewhat.
We then got in touch with them and they claimed they have never seen the LBA and did not recognise the employee that signed for it.
Last year we gave them more opportunities to remedy the problem - with the Area Manager attending to look at the suite. His remedy was to change the chair for a normal electric reclining chair and refund 50% of the chairs value - which meant Mum had to pay an additional £390. In effect, paying £500 for the use of the chair...I refused this on principle as the chair alone was around £1K.
I then referred this to the Furniture Ombudsman and someone came out in December 2018 - but we are still awaiting the report and decision from the Furniture Ombudsman.
Mum purchased the suite - more or less - solely on the chair being so comfortable and supporting her legs exactly where she needed it. The chair she was sent is smaller than the chair she tried in the showroom as when the footplate is reclined it does not sit behind her heels (as the one in the showroom did). The Manager said that they were within their rights to have certain tolerances in measurements - however- this is of no use to Mum as it does not sit behind her ankles or support her where she needs it. The chair in the showroom was also very well padded - and I am not totally convinced that the suite they have sent is not the leather and leather effect? - as opposed to all leather as Mum ordered.
The sofa has also experienced colour fade for no obvious reason. I had not seen the suite in the showroom so went with Mum to take some pics and was somewhat gobsmacked at the difference - the showroom suite was well padded and looked completely different to the one Mum received.
My question is - if we get a decision back from the Furniture Ombudsman and disagree with this - are we still able to take DFS to court? If so, do we claim the total of monthly payments that will have been paid by the time it goes to court? Also, can we request that they take the defective goods back and cancel the remainder of the agreement?
Thanks in advance for any advice.
Looking for advice/experiences please.
My elderly mother ordered a suite from DFS. She paid for leather on a 4 year finance. The suite was a 3 seater sofa and a rise and recline chair - as she is disabled.
She took delivery of said suite in Feb 2017......around 6 months later the chair padding was flat and the front bar was extremely uncomfortable. They came out and were meant to have remedied this - by inserting additional foam.
She then experienced the same problem again - and they came out again and did the same.
I then advised her to send them a recorded letter before action stating that she had given them the opportunity to fix the problem and it still was not remedied - this was Jan last year. The letter was signed for at Head Office and yet nobody got in touch. I had some personal issues happening and took my eye off the ball somewhat.
We then got in touch with them and they claimed they have never seen the LBA and did not recognise the employee that signed for it.
Last year we gave them more opportunities to remedy the problem - with the Area Manager attending to look at the suite. His remedy was to change the chair for a normal electric reclining chair and refund 50% of the chairs value - which meant Mum had to pay an additional £390. In effect, paying £500 for the use of the chair...I refused this on principle as the chair alone was around £1K.
I then referred this to the Furniture Ombudsman and someone came out in December 2018 - but we are still awaiting the report and decision from the Furniture Ombudsman.
Mum purchased the suite - more or less - solely on the chair being so comfortable and supporting her legs exactly where she needed it. The chair she was sent is smaller than the chair she tried in the showroom as when the footplate is reclined it does not sit behind her heels (as the one in the showroom did). The Manager said that they were within their rights to have certain tolerances in measurements - however- this is of no use to Mum as it does not sit behind her ankles or support her where she needs it. The chair in the showroom was also very well padded - and I am not totally convinced that the suite they have sent is not the leather and leather effect? - as opposed to all leather as Mum ordered.
The sofa has also experienced colour fade for no obvious reason. I had not seen the suite in the showroom so went with Mum to take some pics and was somewhat gobsmacked at the difference - the showroom suite was well padded and looked completely different to the one Mum received.
My question is - if we get a decision back from the Furniture Ombudsman and disagree with this - are we still able to take DFS to court? If so, do we claim the total of monthly payments that will have been paid by the time it goes to court? Also, can we request that they take the defective goods back and cancel the remainder of the agreement?
Thanks in advance for any advice.
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