DFS... some advice please?

[jem_bob]

I've put this question into 'Shopping', but it's causing me alot of stress, so I figured it maybe constituted 'Body and Soul' too.
I wish I'd never bothered with them! They promised us our sofa would be with us in no more than 6 weeks and it was likely to arrive in 4. It came yesterday after 7 1/2 weeks and it's the wrong one! We ordered a sofa that ordinarily comes with patterned cushions and a patterned trim around the bottom. We wanted it plain black and was told by the sales assistant that they're made to order, so if we wanted it plain all over, it wouldn't be a problem. After being without a sofa in our flat for 3 weeks (spending every evening in bed!), it arrived yesterday with patterned cushions and the trim around the bottom. Not at all what we asked and paid for! We can't keep it that way as the pattern is cream and black, our living room is white and pink with patterned wallpaper, so it just looks cr*p. Spoke to a girl with a real attitude problem at DFS this morning. Said that she would order the plain cushions for us, but that the trim doesn't come in plain. This isn't what we were told when we ordered it, else we never would have bothered! The manager is going to speak to me tomorrow, but I got the real impression they were going to argue this out until the bitter end. My invoice says 'Plain Black' and 'Cushions to be plain all over'. So they clearly haven't delivered what we ordered. But in regards to the trim, it's our word against theirs. Any advice on where we stand with this? To add insult to injury, we didn't even get an apology. Do we have the right to argue for compensation? Thanks!

[jem_bob]

Thanks what...the? My partner nor I was there when it was delivered. We couldn't get the time off work, so my boyfriend's Dad signed for it. Of course he didn't really know exactly what it was supposed to look like, so didn't know there was a problem.

Have just had the manager call me, and I am literally shaking! He insinuated that I was a 'liar' and said that 'it's our word against yours'. The Sales Assistant wrote on the invoice under colour 'Plain Black' and stated that the cushions were to be plain all over. 'Plain Black' means 'Plain Black'. Not 'Plain Black with a Cream trim'! He says that the Sales Assistant didn't specifically specify 'Plain Trim' on the invoice, but I fail to see how that is our fault. We shouldn't have to check the invoice over before an order is placed. We expected to get what we asked and paid for. As it's not written on the invoice, they're saying it's our word against theirs and that lots of people just simply change their mind and lie in order to get their money back. This isn't what I'm doing. I just want what we paid for! I've been on the Consumerdirect who say we have grounds to do them against the Supply of Goods and Service Act1982, as it clearly states plain black and that's not what we've been given. I just don't know what else to do. They're going to argue this out until the bitter end, rather than admit their mistake.

[redcrx]

just want to add, im not sure if this would matter in this case or not.
But if you have the sofa on buy now pay monthly and are due to start to pay straight away then make sure you start paying. Cancelling any direct debits etc may be seen as breaking the terms of the contract and affect your claim that they have broken the terms.

[what..the?]

Arent consumer direct helping your regards the sale of goods act? And helping you claim. I recommend putting the plastic back on the sofas if you have the plastic still and then throw a sheet/throw over them and just use them until this gets sorted. Its going to take a long time to get sorted and you need somewhere to sit.

[jem_bob]

We paid for it up front on Credit Card, the whole lot there and then. Would have thought this would put us in their favour. They really spoke to me like a piece of sh*t. Can't believe they're saying 'it's our word against yours'. Whatever happened to the customer is always right? Why would we order a sofa with a Cream trim, when our living room is White?! Can't believe they won't just admit their mistake and fix it.

[redcrx]

have you spoken to your credit card company then? they may be able to help as well

[jem_bob]

Consumer Direct have just said to right them a letter stating that they may be in breach of the Supply of Goods Act and give them 7 days to reply. If they don't then they will advise me on what action to take next.

[jem_bob]

I haven't tried that. Do you think they would get involved? It's a John Lewis card and I work for them, so hopefully they'd give me some advice?

[what..the?]

yes i agree speak to the card company.

I have come up against this 'your words against ours' with Dell, I ordered over the phone they gave me the wrong advice sent me the wrong items when I wanted to return them they said they sent me the right items based on their recoomendation from what I told them on the phone about my needs. They then made up rubbish about me saying we had lots of staff and that was the reaosn they sent me a server which could support 50 memebers of staff. There are only two of us (members of staff) how could I have got that wrong??? Well they then said -I said that my company was expanding and taking on more staff, which is not true because we work from home in a private small firm we could never afford staff.

Because it was all ordered and discussed over the phone I have no proof now, I have �750 item I dont use still in the box, egg card said there is no proof.

At least you have proof

[jem_bob]

I do have proof, but do they have a valid point when they aregue that it doesn't specifically say 'Plain Trim'. Or will my argument of 'Plain Black' stand up? I would assume plain black meant plain black all over. Not plain black with a cream trim. This is the bit they're arguing against. They've admitted the mistake over the cushions, but they say that there is no mention of the trim, so it's our word against theirs. Can't believe the nerve of these companies these days. The amount of thigns that have gone wrong is byond belief!

[redcrx]

its worth a try, theyve admitted one mistake so already are in breach of the contract.

I think you may well have to just go down the route of rejecting it and asking for refund though.

[jem_bob]

I'm thinking so too, but we haven't found anywhere else that does one that's what we want. But they're certainly not going to go down without a fight, that much is obvious. I really thought they'd just admit their mistake and offer to replace it. More fool me!