Harveys damaged and faulty sofa

bellabooski

ok, I'll keep this as simple as possible.Bought a sofa from Harveys £140 cash deposit and the remaining £498 on credit card.The sofa arrived on 29th Jan after waiting 15 weeks.On inspection the delivery men and myself spotted a 2 inch tear in the back cushion and the sofa creaks like mad when you sit on it,you only have to move an inch and it creaks...it drives you mad! Delivery man called Harveys customer service and reported the faults.Customer service said they would order another sofa but I would have to wait another 3 months, I told them that I would not accept this and I want the sofa taken away and they can give me a full refund.Customer service told me to go into the branch where I ordered the sofa and speak to the manager about a refund. This I did today and of course the manager thought I had naive and stupid tattooed on my forehead!Manager (or rather duty manager,as he called himself) said that Harveys were entitled by law to offer a repair or a replacement rather than a refund. When I quoted section 75 of the Consumer Credit Act he said 'yes you can put in a claim for a refund from your credit card company but we will have to ask for an alternative method of payment' alternative payment for what? I asked.Does he really think I want the damged sofa so much I am prepared to pay for it again.
Is he talking a load of rubbish, or is that correct?
Your thoughts or advice would be very welcomed as he promised to call me this afternoon when he's spoken to the permanent manager of the store and I need to be forearmed with my rights.
Thanks in advance
Bella:mad:

bingo_bango

On the basis that you reported the fault and rejected the goods immediately they were delivered, then you are entitled to reject the goods under SoGA '79 and claim a refund.

To claim the refund you would technically have to prove the fault, but as it is plain to see, and confirmed by their delivery staff, that won't be an issue.

What he is talking about are the 'new' remedies introduced by The Sale and Supply of Goods To Consumers Regs 2002. These DO allow the retailer to choose a more economically viable method of redress, but you get to choose which set of remedies you use, not them. If you continue to use the traditional remedies of SoGA then you can seek a full refund.

In law you would be deemed not to have accepted the goods (this is a notional idea of acceptance, not the same as signing for them) which gives you the right to reject under S.14(2)(b)(c) of SoGA:

(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.

If needs be, I can give you relevant case law on acceptance, but I suspect this won't be needed. It's unlikely the Harvey's manager will be aware of the nuances of Clegg v Olle Anderson.

As for the claim under S75 of CCA. The claim against the card provider is on exactly the same basis as the claim against the trader. All of the relevant legislation above applies exactly the same way. S.75 is not some magic 'extra' right in law, rather a means of gaining redress from the credit facilitator should the retailer refuse or go out of business etc.

bellabooski

Thankyou so much bingobango and bless your heart for a very prompt and in depth reply.When Harveys manager phones this afternoon I will be armed with the facts!
I will post again after the awaited phone call.
You're a star and thanks again.:T

bellabooski

A RESULT! I'm in a state of shock but thanks to the great advice I received from Bingo Bango I was phoned back by the Duty Manager at Harveys at 7pm this evening and his words were 'I've spoken to my Regional Manager and he has agreed to waive his right to replacement (and what RIGHT would that be then?) and offer you a refund. I agreed and politely thanked him. I now have a couple of questions: am I entitled to the full cost of the sofa plus the delivery charge I paid of £59? : they will let me know when they are collecting the sofa and then I have to go to the store and sign for my refund, should I make sure that the person collecting the sofa signs something to say they've collected it...I don't want to sound paranoid but I don't want them to try any tricks!
I hope this gives hope to anyone in a similar position. I was prepared to take this all the way to small claims court but thankfully I am spared of that.Thanks again Bingo Bango:j
Any help on my 2 questions would be great.:)

bingo_bango

Yes Bella, it's the full cost, which includes any delivery charge (why would you pay for delivery for nothing?).

I wouldn't worry too much about getting them to sign for collection, but you could prepare a short note and ask them to sign it if you want. There is no legal requirement for them to do so, but they probably don't know that either

bellabooski

Thanks so much Bingo Bango:A
Bella x

bellabooski

Update: Well, after weeks of waiting Harveys have finally collected the faulty and damaged sofa and I've received a cheque for a full refund including the £59 delivery charge. It's taken an eternity to sort out but it pays to be assertive and persistent!
Many thanks to bingobango for the invaluable and concise advice that you gave me:A:T