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I went into DFS and told the salesman i wanted the colour on…

Customer Question
I went into DFS...

I went into DFS and told the salesman i wanted the colour on display (my brother was a witness) and the salesman filled in the paperwork and i signed assuming what he wrote was the colour on display. The sofa has arrived today and it's not the colour displayed in store and they ate saying tough luck thats what i signed for. What can i do?

Lawyer's Assistant: Are you in the UK or are you in the States?

Uk

Lawyer's Assistant: What action has been taken so far? What's your ideal outcome?

I have spoken to two assistants who have said you signed so tough. I want the colour displayed in store and i asked for.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If i signed and accepted the salesmans word that it was the right colour, what's my rights?

Submitted: 9 months ago.Category: UK Law
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Answered in 12 hours by:
9/14/2017
Solicitor: Joshua, Lawyer replied 9 months ago
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask what it does say on your order form colour wise?

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Customer reply replied 9 months ago
Sky but the colour displayed is Pearl.
Customer reply replied 9 months ago
However, i took the word of the salesman and assumed it was sky.
Customer reply replied 9 months ago
I will be in work now without internet access so will respond to any follow up questions during my breaks.
Solicitor: Joshua, Lawyer replied 9 months ago

I do apologise for the delay in reverting to you. I have had to take two long phone calls back to back. The position here is regulated by the Consumer Rights Act 2015. The consumer rights act provides that you are entitled to require that the goods are as described. From what you say the goods are not what you ordered and as such you have a 30 day right to reject the goods and return for a full refund including return costs.

insofar as the above is concerned, that much is simple however, there is a potential difficulty if you have signed an order form providing for a colour different to that which you believed you were ordering. The retailer will presumably argue that they had supplied precisely what is detailed on the order form. If that is correct,it will be a question of your word against theirs which whilst not placing you in a very difficult position , is less than an ideal way in which to enter into a dispute.

ideally, you would have evidence that they accept that you told the salesman what you did. If you could obtain this by email for example, this would place you in a very strong position. If they will not admit that they accept what you advised the salesman, you still have the potential for a claim but the outcome is not absolutely certain. In your favour, you have the fact that you are raising the issue immediately having received delivery of the sofa. Also, you have the witness statement available to you of your brother though he would not be considered to be an independent witness.

if you wish to proceed to reject the sofa, your first step is to send an email or letter to the retailer as soon as possible stating that the goods supplied are not as agreed and described setting out again clearly what you said to the salesman and that it is the salesman that has made a mistake on the order form not you in signing it and you understood the colour specified on the form was that which was displayed in store. accordingly, you claim that the retailer is in breach of section 11 consumer rights act and you are as a result exercising your right to reject the sofa under section 20 consumer rights act.

he would invite the retailer to organise a replacement of the sofa with the colour that you ordered immediately failing which, you reserve your rights to issue a chargeback if you paid by credit or debit card or issue proceedings in the county court for recovery of the money paid for the sofa. If your claim is successful, if you entered into any finance agreement in order to purchase the sofa, this also will be unwound and you could also contemplate a complaint to the finance provider who is jointly liable with the retailer and a complaint to the FInancial Ombudsman.

in order to issue proceedings in the County Court, the simplest way to do so is by using the online issuing process:

http://moneyclaim.gov.uk/

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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Solicitor: Joshua, Lawyer replied 9 months ago

I'm just following up on our above conversation. I hope the above was of some assistance. Please let me know if you have any further queries. If you have a moment I should be very grateful if you would kindly take a moment to click a rating to rate my service or alternatively just provide some brief feedback so I know if I was able to help. I'd be most grateful. All the best

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Solicitor: Joshua, Lawyer replied 8 months ago

If you have no further questions for now I should be very grateful if you would kindly take a moment to click a rating to rate my service to you today. I am very grateful to receive any feedback.

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