Faulty sofa from furniture village.

fthl wrote: »

Personally, I don't agree with this statement due to s35 of the SoGA. I think the consumers will be deemed to have accepted the goods.

No, those people had no knowledge that the furniture was made of rubbish, they thought they bought leather!
If someone sells you a fake gold wedding ring, and 5 years down the line you discover that it is not a 18carat gold, but a fake, you can sue (and prosecute) the conman.
If you buy an item with poison in it, and 5 years later fall ill of it,
nobody will be able to claim that you have accepted the poison., no, you just did not know.
If tomorrow FV announces in national press that many models of chairs and sofas sold as leather are not leather, you will see how many people will come forward not accepting it.
Sale of Goods act mentions "acceptance" of misdescribed goods in a different way: if you ordered blue jeans, received black instead, but you did not complain and used the item for 2 years - then you are deemed to have accepted them.
Selling non-leather as leather with a view to profit from such misdescription is a criminal offence punishable by 12 months in prison.!!! However many years passed, 1 or 5.

fthl wrote: »

I'm sorry, but I don't agree. You are mixing up different disciplines of law, a bit of tort, a bit of contract, a bit of crime. I'm not denying that there might be a claim, only that you won't get a full refund.

I am not mixing anything. I claimed against them successfully, got a full refund and learnt a lot about their business.
I know their suppliers, item numbers, I have seen their "leather" by-cast under test conditions.
~If you look at recent consumer regulations, you will see that deliberate misadvertising with a view to profit is a criminal offence, and Trading Standards are the prosecuting body.
Consumers are indeed entitled to refund - sales of goods act specifies "reasonable time" from the time YOU DISCOVERED the problem. It can well be 5 years after purchase. It can be 2 weeks after a victim reads this forum and realises the con.
you choose what law to apply - yes, several apply.
Breach of contract, Sales of Goods, and Consumer protection from unfair trading regulations!
People who bought that rubbish from Furniture Village are indeed entitled to their FULL refund. And I can state that Furniture village KNOW by now that they sold tosh as genuine leather. If they refuse refund in the knowledge that what they sold is not leather, they will be in big trouble, and involving police or at least trading standards (by now they will have full authority to fine FV, as the ruling was to refund everybody!) could become the next course of action. But thy WILL refund! Complaint in writing should be the first step. There is evidence that can be presented to cmall claims court, I know who exactly holds this evidence, and I have evidence myself. There is no way around it for Furniture Village.

Malchish - I think you were perhaps lucky. I'd be interested in the details of your claim and sight of your particulars of claim. I'm not aware that s35 runs from when you discovered the problem, it seems to me that s35, taken with cases such as jones v gallagher and clegg v andersson is fairly clear. Could you sight some authority to clarify this statement?

I'm also not aware of many instances where a prosecution under, for example the Consumer Protection Regs, obtains a refund for those consumers affected, so I'm very interested in the ruling you refer to. Could you post details? I'm assuming that it isn't meant to be secret and that it was some form of judgment?

Ash - FV did sell some furniture that was sourced from the same place as the itchy ones that argos etc sold. They dumped them a while ago though, so it might not be the same issue if this is a recent thing.

ashadrooh wrote: »

Please let me know where these sofas were made and the item number as I would like to get my money back from furniture village. Also I had a terrible Rash from these sofas. Do you know about this problem as well?? Were they Made in China??

Regards and many Thanks

Something rang a bell about this particular message. I remember reading about Furniture Village and problems associated with some leather sofas sold there. Have a look at sofarash.co.uk and see if the sofa you've got is listed in the list of toxic sofas.