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    • Chris London
    • By Chris London 12th Jun 17, 11:39 AM
    • 2Posts
    • 0Thanks
    Chris London
    misleading description
    • #1
    • 12th Jun 17, 11:39 AM
    misleading description 12th Jun 17 at 11:39 AM
    I bought a table and chair set 8 years ago. The chairs were described as "Leather". However the "leather" is peeling and is a thin plastic material. The Shop that sold the chairs are saying that its PU leather and an eight year life is acceptable. I disagree and think that a quality leather should last way longer than this especially when they are dining chairs and used only at meal times.
    The shop also said that had they been "Real Leather" they would have been described this way.
    How would a member of the public know about a specific description (if what he said is true)
    I feel I have been misled and I am considering taking action in the small claims court.
    Anyone got an opinion ?
Page 1
    • waamo
    • By waamo 12th Jun 17, 11:42 AM
    • 1,524 Posts
    • 1,741 Thanks
    waamo
    • #2
    • 12th Jun 17, 11:42 AM
    • #2
    • 12th Jun 17, 11:42 AM
    How much did they cost?
    This space for hire.
    • wealdroam
    • By wealdroam 12th Jun 17, 11:46 AM
    • 18,373 Posts
    • 15,251 Thanks
    wealdroam
    • #3
    • 12th Jun 17, 11:46 AM
    • #3
    • 12th Jun 17, 11:46 AM
    I bought a table and chair set 8 years ago. The chairs were described as "Leather". However the "leather" is peeling and is a thin plastic material. The Shop that sold the chairs are saying that its PU leather and an eight year life is acceptable. I disagree and think that a quality leather should last way longer than this especially when they are dining chairs and used only at meal times.
    The shop also said that had they been "Real Leather" they would have been described this way.
    How would a member of the public know about a specific description (if what he said is true)
    I feel I have been misled and I am considering taking action in the small claims court.
    Anyone got an opinion ?
    Originally posted by Chris London
    Unfortunately, after seven years you will have no success in the small claims court or any other court.

    In England and Wales The Limitations Act restricts such claims to six years from the date of the sale.

    Things are slightly different in Scotland - are you in Scotland?
    I guess from you username, probably not.
    • Chris London
    • By Chris London 12th Jun 17, 11:50 AM
    • 2 Posts
    • 0 Thanks
    Chris London
    • #4
    • 12th Jun 17, 11:50 AM
    reply
    • #4
    • 12th Jun 17, 11:50 AM
    they cost £100 each
    • waamo
    • By waamo 12th Jun 17, 11:55 AM
    • 1,524 Posts
    • 1,741 Thanks
    waamo
    • #5
    • 12th Jun 17, 11:55 AM
    • #5
    • 12th Jun 17, 11:55 AM
    In short you don't stand a chance of success in a small claim. An 8 year life span on a £100 chair would be seen as entirely reasonable.
    This space for hire.
    • angryparcel
    • By angryparcel 12th Jun 17, 11:58 AM
    • 757 Posts
    • 415 Thanks
    angryparcel
    • #6
    • 12th Jun 17, 11:58 AM
    • #6
    • 12th Jun 17, 11:58 AM
    I bought a table and chair set 8 years ago. The chairs were described as "Leather". However the "leather" is peeling and is a thin plastic material. The Shop that sold the chairs are saying that its PU leather and an eight year life is acceptable. I disagree and think that a quality leather should last way longer than this especially when they are dining chairs and used only at meal times.
    The shop also said that had they been "Real Leather" they would have been described this way.
    How would a member of the public know about a specific description (if what he said is true)
    I feel I have been misled and I am considering taking action in the small claims court.
    Anyone got an opinion ?
    Originally posted by Chris London
    PU Leather and Real Leather shrink with time and can peel, have you been using a leather cleaner to clean them
    • bris
    • By bris 12th Jun 17, 12:15 PM
    • 6,618 Posts
    • 5,644 Thanks
    bris
    • #7
    • 12th Jun 17, 12:15 PM
    • #7
    • 12th Jun 17, 12:15 PM
    £100 each, 8 years use, your having a laugh.
    • powerful_Rogue
    • By powerful_Rogue 12th Jun 17, 1:20 PM
    • 2,971 Posts
    • 4,322 Thanks
    powerful_Rogue
    • #8
    • 12th Jun 17, 1:20 PM
    • #8
    • 12th Jun 17, 1:20 PM
    Absoultely no chance of any remedy from the retailer or SCC here.

    Breaking it down, if you used the chairs once per day, that's 3p per day per chair. So only if you used them once per day every other day, that's only 6p per day.
    • angryparcel
    • By angryparcel 12th Jun 17, 1:33 PM
    • 757 Posts
    • 415 Thanks
    angryparcel
    • #9
    • 12th Jun 17, 1:33 PM
    • #9
    • 12th Jun 17, 1:33 PM
    also if they are PU leather then how can saying they are 'leather' be a misleading description, if they said they were 'Real Leather' and they were actually 'PU Leather' then that is a misleading description
    • sheramber
    • By sheramber 12th Jun 17, 2:22 PM
    • 3,247 Posts
    • 2,476 Thanks
    sheramber
    PU leather is split leather hide coated in polyurethane so technically it is leather.

    I would not consider it quality leather.
    • unholyangel
    • By unholyangel 12th Jun 17, 2:22 PM
    • 10,849 Posts
    • 8,084 Thanks
    unholyangel
    also if they are PU leather then how can saying they are 'leather' be a misleading description, if they said they were 'Real Leather' and they were actually 'PU Leather' then that is a misleading description
    Originally posted by angryparcel
    There are actually rules on what can be called leather and what cant.

    For example if its leather fibres compacted together and held with a binding agent, it cannot be described as leather and must instead be described as bonded leather fibre.

    That being said, it should have been obvious that it was not real leather way before now so I doubt the OP could convince a judge to disallow a "statute barred" defence.
    Money doesn't solve poverty.....it creates it.
    • keithdc
    • By keithdc 12th Jun 17, 2:50 PM
    • 229 Posts
    • 452 Thanks
    keithdc
    Unfortunately, after seven years you will have no success in the small claims court or any other court.

    In England and Wales The Limitations Act restricts such claims to six years from the date of the sale.

    Things are slightly different in Scotland - are you in Scotland?
    I guess from you username, probably not.
    Originally posted by wealdroam
    Its six years from the breach of contract (i.e. cause of action as per Limitation Act), not the date of sale.
    • KeithP
    • By KeithP 12th Jun 17, 2:54 PM
    • 3,142 Posts
    • 1,363 Thanks
    KeithP
    Its six years from the breach of contract (i.e. cause of action as per Limitation Act), not the date of sale.
    Originally posted by keithdc
    So if the seller has sold inherently faulty goods, when was the contract breached?

    I would suggest that might be at the time of the sale.
    Just because I've written it doesn't mean that
    either you or I have to believe it.
    • unholyangel
    • By unholyangel 12th Jun 17, 3:06 PM
    • 10,849 Posts
    • 8,084 Thanks
    unholyangel
    So if the seller has sold inherently faulty goods, when was the contract breached?

    I would suggest that might be at the time of the sale.
    Originally posted by KeithP
    On the head.

    In comparison, in scotland its 5 years from discovery ie the date you become aware (or should have reasonably been aware) you have suffered a loss/damage/injury.
    Money doesn't solve poverty.....it creates it.
    • shaun from Africa
    • By shaun from Africa 12th Jun 17, 3:10 PM
    • 9,215 Posts
    • 10,366 Thanks
    shaun from Africa
    Its six years from the breach of contract (i.e. cause of action as per Limitation Act), not the date of sale.
    Originally posted by keithdc
    That's incorrect.
    It is 6 years from the date that the contract was formed. (In England)
    When the limitations act is referring to the date that "the cause of action accrued" this is the date of sale.
    It's worded like that because one of the implied terms of the contract is that goods must last a reasonable time (with certain caveats) and if they fails to do so then one of the terms of that contract has been breached so in turn, the cause of action is from the date of sale.

    If this wasn't the case, any buyer could attempt legal action against a business seller after any time period that they wished even if it was 50 years after the sale.
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