M&S and FIRA investigation

Lily0837 · 16 June 2016 at 2:37PM

Thanks everyone for your responses - much appreciated.
You are all talking a lot more sense than I got from both M&S and FIRA.

ThumbRemote ''Why should a consumer need a specific guarantee that it won't fade in sunlight? It's bedroom furniture, unless you're a bat then bedrooms usually have windows.''
My thoughts exactly. Great comment lol and I said as much to all parties...for exactly that reason I've tried using the argument not fit for purpose and cosmetic defect. Sorry but what does SoGA stand for?

I did pay by credit card and have not persued this avenue because if I remember rightly I think I had to get an independent report done (this has been going on so long I forget some details). I'll have to get my notes out.

M&S did not give a guarantee that the furniture would not fade. However, this problem is definately due to the quality of the lacquer finish and not any outside influences. I've even had the technical details explained to me of why this has happened. This discussion has made me realise that there is a grey area concerning a minimum lacquer requirement for manufacturers to use. I have white gloss kitchen units (also lacquered MDF) and the director of the company has personally told me that he owns the same units and they will NEVER discolour. The bedroom units were made in Italy suggesting to me that they are high quality and if anyone has read my tweet and the attachment email to the CEO (he didn't even read it) - I think the marketing of this product by M&S is the main reason that I am so angry. I have been lead to believe that the product is very high quality - and it's not.

Of course M&S couldn't possibly have known that this would happen and I asked them to investigate further but they have refused to tell me who the paint or furniture manufacturers are and also have refused to contact them on my behalf. A brick wall at every turn. Part of the reason I have posted is to hopefully find others who feel they have been wronged by FIRA and M&S and it would be even better to find someone else who bought this furniture - am I the only one!!! A lone voice doesn't have any power - as you say naedanger I have the option to persue through the courts but money would have to be spent. I do wonder what would happen if the M&S CEO had this furniture in his home and it looks like mine does - it would be swopped or refunded in an instant!

I still don't know how to use twitter to reach more people - there's got to be someone out there who bought this furniture - where are they?!!

Lily0837 · 16 June 2016 at 2:43PM

Keep pedalling. The difference is that furniture has an aesthetic function as well as a practical one. It's therefore reasonable to expect it to look good for a certain time. If you saw how strange the furniture looks now you might not have made that comment - thanks anyway!

shaun_from_Africa · 16 June 2016 at 2:45PM

Lily0837 wrote: »

I would like to find others who have a problem with FIRA and the absurd excuses they use to get the companies that use their service off the hook. seeing it.

A few years ago, my mother purchased a new sofa and armchair from a well known furniture retailer.
These two items were far from cheap and were manufactured by Parker Knoll, a company known for quality furniture.

Owing to a medical condition, she had to get rid of these 2 items not too long after purchasing them so she contacted a couple of dealers who buy furniture.

Both of them came to inspect the chair and both refused to buy them because the fire regulation labels had not been correctly attached. The relevant legislation required these labels to be securely fixed to the furniture by being fixed into place and on the furniture in question, they had been attached by a single plastic tie of the sort that is sometimes used to attach tags to clothing.

My mother then contacted the retailer who initially sold her the goods and they refused to help saying that as far as they were concerned, having the fire regulation labels attached with a plastic tie was more than good enough and despite them being presented with a copy of the relevant legislation, refused to budge.
I then contacted the Furniture ombudsman who confirmed that I was correct and that the furniture was illegal when sold.

I passed this info on to the retailer who organised a FIRA inspection and when this inspection was completed, I was sent a copy of his report. I say report. It was actually only a single line written by someone who didn't even know how to actually spell label.

"Lables are adequate fir furniture in question"

Following this, I contacted FIRA and asked them how a label attached with a plastic tie could be considered to meet the legal requirements which basically state:

"The label must be durable and securely attached to the furniture (i.e. cannot be removed without causing damage to the label or the product and must be able to withstand the normal wear and tear of everyday use and misuse).

And they simply ignored the e-mail and letter that I sent them.

An independent inspection process?
Not in my experience.

Lily0837 · 16 June 2016 at 2:52PM

Tomtontom - I'm glad to hear you have your problem sorted but it's not just me who has a problem with FIRA and the reasons that are written on their reports for not acting in the best interests of the consumer . I came across one person who apparently had been told that her sofa was sinking because it was overused. She had only had it a month! I am not out to make trouble just for the sake of it - if you owned my bedroom furniture with contrasting yellow lacquer and brilliant white handles you may not be so impressed at them telling you tough!

naedanger · 16 June 2016 at 3:06PM

Lily0837 wrote: »

I did pay by credit card and have not persued this avenue because if I remember rightly I think I had to get an independent report done (this has been going on so long I forget some details).

If you paid by credit card then you can hold the credit card company liable. (And can complain through their complaint process, at no cost to you, if you are unhappy with their response. Their complaint process will include the option of complaining to the Financial Ombudsman Service as the final step in the process.)

However, as you say, you will almost certainly need to get your own independent report to support your claim if you want to have any realistic chance of winning.

tomtontom · 16 June 2016 at 3:16PM

Lily0837 wrote: »

Tomtontom - I'm glad to hear you have your problem sorted but it's not just me who has a problem with FIRA and the reasons that are written on their reports for not acting in the best interests of the consumer . I came across one person who apparently had been told that her sofa was sinking because it was overused. She had only had it a month! I am not out to make trouble just for the sake of it - if you owned my bedroom furniture with contrasting yellow lacquer and brilliant white handles you may not be so impressed at them telling you tough!

You wouldn't find me with white gloss furniture full stop, because I know it yellows in time.

unholyangel · 16 June 2016 at 3:24PM

Surprised by some of the replies - especially the one saying OP will need a report saying its not due to sunlight etc. Just because it has reacted to something doesn't necessarily mean the goods conform to contract.

I mean cars used to discolour in the sun, but nowadays you wouldn't expect it to happen and I'd bet most wouldn't be happy if their car started to discolour after a few years.

However I think ultimately its going to come down to how much OP paid.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b)appearance and finish,

(c)freedom from minor defects,

(d)safety, and

(e)durability.

Lily0837 · 16 June 2016 at 3:30PM

An independent inspection process?
Not in my experience.[/QUOTE]

I'm not the only one who thinks that then! How can any service be independent when the company in question is paying them! If FIRA found in favour of the consumer all the time then the companies just wouldn't use them. The whole point is that the companies that employ FIRA are absolved of any direct responsibility because they just say...we have to abide by the FIRA report...disgusting isn't it.

meer53 · 16 June 2016 at 3:31PM

I don't think that furniture made in Italy and sold by M & S will guarantee top quality. It's still mass produced.

Lily0837 · 16 June 2016 at 3:34PM

tomtontom wrote: »

You wouldn't find me with white gloss furniture full stop, because I know it yellows in time.

Just wondering how do you know this? My friends really old kitchen units are still brilliant white gloss and are showing no signs of yellowing. Do you have some further knowledge to share? Thanks

M&S and FIRA investigation

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