DFS legally binding contract

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

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.

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

What does this have to do with professional indemnity insurance?

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

Fair enough.

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?

Fred Swanson

This post has been deleted.

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.

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.

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.

Fred Swanson

This post has been deleted.

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.

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.

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.

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??

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.

whomitconcerns

Oh dear.....

Little CuChulainn

Probably passed it on to a debt collector.

Fred Swanson

This post has been deleted.

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

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.

goz83

howyegettinon1 wrote: »

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??

Thinking ahead was not really your strong point and is partly why YOU landed yourself in the mess to begin with. Buyers remorse is a powerful feeling. You had 1200 to throw into the wind before you later paid "a fraction" of the price for a used couch. The contract YOU signed, stated that you agreed to pay the balance (presumably before delivery) making it their money, held in your possession until the couch was available for delivery. You just decided to lie about your credit card getting lost :rolleyes:

DFS will just pass it onto a debt collector. You have not heard the end of it. And you gave them permission when YOU signed the contract. It wouldn't matter what you later decided what the money was for (food and accommodation) because you had promised it to DFS for something YOU ordered.

DFS have not been sneaky. YOU have been sneaky. If you really believed you were in the right, you would not have cancelled your card and would have applied for a charge back. But, you knew you were in the wrong and that you had signed a contract, so the bank would have backed the retailer on foot of the contract.

You will probably get away with it in the end. But some of these collection companies can be right pests and you'll probably wish you had paid the money you agreed to pay.

Bepolite

Are we really going down this road again?

It's a known quantity in Contract Law that people breach contracts. Contracts that can't be breached are generally referred to as slavery.

Deposits are there to cover the costs if the buyer pulls out of the deal. DFS took a deposit, buyer pulled out, they have to store the sofa until someone else comes along and sees 75% OFF ONCE IN A LIFETIME 5 YEARS INTEREST FREE CREDIT PAY NOTHING UNTIL MARS IS IN JUPITER'S HOUSE bollocks and gets the €5 spiv for selling the one out back*.

This is DFS for Christ's sake, they're not making bespoke heirloom furniture you see in country houses still there after 200 years, they're making chip board covered in some fabric a chinese child made.

Can we stop making out like DFS are at some massive loss here. All you have here is a store-manager not wanting a sofa sale dropping off his figures for the month.

*in my younger days (not furniture but a build to order computers) I would yarn on about the 'demand', 'waiting list' and might take 4 weeks guv'nor until they looked sufficiently desperate and then tell them how nice they were and flog them the one that got returned earlier that day.

goz83

I wouldn't buy DFS furniture and at €1200, I wouldn't expect much tbh. The quality of the furniture is not the issue though. The OP gladly paid a €200 deposit. A deposit is not a "Well ye can change yer mind and it'll be grand". A deposit is (see 2 for this context)

https://www.google.ie/#q=define+deposit&safe=off

Bepolite

goz83 wrote: »

I wouldn't buy DFS furniture and at €1200, I wouldn't expect much tbh. The quality of the furniture is not the issue though. The OP gladly paid a €200 deposit. A deposit is not a "Well ye can change yer mind and it'll be grand". A deposit is (see 2 for this context)

https://www.google.ie/#q=define+deposit&safe=off

Thanks for that... I tend to look at legislation rather than the dictionary but hey ho. For Example:

SCHEDULE 3

Unfair Terms in Consumer Contracts

1. Terms which have the object or effect of:

( d ) permitting the seller or supplier to retain sums paid by the consumer where the latter decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the seller or supplier where the latter is the party cancelling the contract;

OP Look at your contract with DFS, if it doesn't provide for compensation in the event they don't fulfill the contract, you may be able to use the Small Claims Procedure to get your deposit back...

OH wait you were the greasy, dishonest type of person that was quite willing to leave your deposit with them... how dishonourable of you.

daveohdave

howyegettinon1 wrote: »

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.

So you're a liar as well as a cheat then?

hullaballoo

daveohdave wrote: »

So you're a liar as well as a cheat then?

Not allowed.

howyegettinon1

goz83 wrote: »

DFS have not been sneaky. YOU have been sneaky. If you really believed you were in the right, you would not have cancelled your card and would have applied for a charge back. But, you knew you were in the wrong and that you had signed a contract, so the bank would have backed the retailer on foot of the contract.

You will probably get away with it in the end. But some of these collection companies can be right pests and you'll probably wish you had paid the money you agreed to pay.

They very well would be, as I had never agreed to pay the remainder via card, so the money on my card may have been there for a very important reason, so dipping my bank account in a chance to get paid would be very sneaky.

if they are annoying me too much I always got this to throw back at them

Section 11 of the Non-Fatal Offences against the Person Act 1997

howyegettinon1

Bepolite wrote: »

Can we stop making out like DFS are at some massive loss here. All you have here is a store-manager not wanting a sofa sale dropping off his figures for the month.

Very well said!!