Land Of Leather & Creation Finance - Furniture Help Please?

J2010

Hello folks...

I was wondering if anyone here can help me out, or point me in the right direction...

I bought a suite of furniture from Land Of Leather 2 years ago and from the delivery date we've had problems with it, I'll not go into detail but basically I also took out 5 Year insurance on the suite with HomeServe and the 3 previous problems HomeServe came out and fixed (or tried to fix).

Anyway, I paid £1000 for the suite and £200 for the insurance, so £1200 Total and £69 for delivery through Creation Finance.

However I've noticed a problem with all 3 of the seats, the leather seems to be coming away on the seems of the seats and behind the cusioned area on the arm on 2 of them, I've checked and the stitching seems to be still there but the leather is just tearing away. Now the suite is used domestically only and has normal family usage, infact the recliners are barley even used so there's no wear and tear in that area... and it's only 2 years old. So I phoned HomeServe and they went through a series of questions, at the end telling me they would not be fixing my suite this time as it's not a design defect nor is the "leather" covered, when I asked what they meant they told me my sofa is in fact NOT leather, it's an imitation called "Leather Match" and is non-durable... now I'm no expert but I know I should have been made aware it was not real leather at the time of purchase, and I'm certainly sure no suite of furniture should be made from a "non-durable" material...

So, I was left with no other option but to call Land of Leather, but as you'll know, they no longer exist, infact they are in administration through Deloitte, so I contacted them and they told me that because I am paying for the suite via fianance, the finance company Creation Finance, is "jointly and severally liable" for my suite and that they need to either fix it, give me a new one or refund me? They also advised me to contact the Financial Ombudsman about this as there are some serious issues with Land of Leather's past customers and HomeServe trying to pan off all these customers like me as unsecured creditors to Land of Leather, in which case I would only be entitled to approx £65 total, and left paying for a crappy, embarassingly torn and non-surable suite! - I should point out that Deloitte were the only helpful party in all of this and they shared some information with me regarding how unhappy they are with HomeServe and the way customers are being treated!

They also told me some interesting information regarding HomeServe, stating that they do indeed have to cover "Leather Match" and that I should submit a complaint, which I did with zero response. Seems very cruel to treat a paying customer like this.

Anyway, I therefore contacted Creation Finance who got back stating that I need to hire a furniture specialist at my own cost to do a report on the suite, only then will they take the matter further, but I cannot find any furniture specialists here.

I also contacted the Financial Ombudsman on this to see if they could help but again there's been no reply what so ever, I feel very let down and ripped off over this. I can't stop paying for the suite as I'll come off the worst with a bad credit rating?

I was therefore wondering if anyone here can help?
Even if there's a specialist out there I could submit photos and videos to and they could post a report to me (if that's legal)?

Thanks
Please Help!
J

gabyjane

Hi my sister comes on here (freakyogre) and she used to work for LOL and do the admin side of it so may be able to help you. I'll let her know about this post. x

Pretani

I bought a leather one 2 1/2 years ago and the colouring on the top is starting to fade and come off around the seems, paid £2200 cash for mine. So even if you've bought a leather one it still won't be right. One of the armchairs is slightly slopping at one side too, it must be constructed from crappy wood.

J2010, could you post the number for Deloitte please?

J2010

Thanks Gabyjane...

Pretani, I can't find the number I have for them... when I do I will post it, I know that when you ring it it goes on answer phone for a bit explaining about LOL, but just stay on and someone will answer.

In the meantime here is their details;

deloitte . com

If it's a LOL enquiry, it's LA Manning and Nick Edwards office you need to go through to... try emailing info (at) deloitte.co.uk and ask for a number for their office.

Also, in reponse, I do know it might begin to wear, but Deloitte told me I have a case here because under EU Legislation, a product must be fit for purpose for AT LEAST 6 YEARS after the date of purchase. They also told me there is a thing in consumer law which entitles a customer to what is known as "Enjoyment of a product", this also falls within the 6 year limit, and obviously I'm not enjoying mines... so don't be fooled by thinking there's nothing you can do if you've already paid. Especially if there is a structural defect!

magpiecottage

Okay, lets get this straight.

OP purchased with credit arranged by the retailer so it is covered under S75 of the Consumer Credit Act 1974.

As the sale was taken out around the beginning of 2008, she is also covered by the Consumer Credit Act 2006. This means (s)he can make a complaint to the lender who has 8 weeks to respond. She can go to the Financial Ombudsman Service at the earlier of 8 weeks from when she complains (plus, say, another week for post) or when (s)he receives a response from the lender (if she is not satisfied with it).

If (s)he was led to believe the product was leather when it was not then that would in itself be grounds for complaint.

The insurance would be covered by the Financial Services and Markets Act 2000. A complaint to the insurer would, though, be subject to exactly the same rules and go to the Financial Ombudsman Service if there was not a satisfactory response.

Some of things to bear in mind:
You do not need to put the complaint in writing but it helps to keep records if you do.
There is no need to send it recorded delivery but get proof of posting (free from Post Office). The Financial Ombudsman Service will normally accept that it was received two working days later.
You will have to get the complaint to the Financial Ombudsman Service (if you need to) within six months of the firm issuing its response.

J2010

magpiecottage wrote: »

Okay, lets get this straight.

OP purchased with credit arranged by the retailer so it is covered under S75 of the Consumer Credit Act 1974.

As the sale was taken out around the beginning of 2008, she is also covered by the Consumer Credit Act 2006. This means (s)he can make a complaint to the lender who has 8 weeks to respond. She can go to the Financial Ombudsman Service at the earlier of 8 weeks from when she complains (plus, say, another week for post) or when (s)he receives a response from the lender (if she is not satisfied with it).

If (s)he was led to believe the product was leather when it was not then that would in itself be grounds for complaint.

The insurance would be covered by the Financial Services and Markets Act 2000. A complaint to the insurer would, though, be subject to exactly the same rules and go to the Financial Ombudsman Service if there was not a satisfactory response.

Some of things to bear in mind:
You do not need to put the complaint in writing but it helps to keep records if you do.
There is no need to send it recorded delivery but get proof of posting (free from Post Office). The Financial Ombudsman Service will normally accept that it was received two working days later.
You will have to get the complaint to the Financial Ombudsman Service (if you need to) within six months of the firm issuing its response.

Hello, Thanks for this!... So basically I should get the Financial Ombudsman involved? They have not replied to me but I did email them around 6 or 7 weeks ago and again today... should I maybe write to them instead?

Deloitte told me the Ombudsman cannot ignore a customer complaint and the company/ies involved cannot ignore the Ombudsman, so it will help to get them involved. They also told me it will cost me nothing but will cost the company/ies involved a considerable amount if they choose to keep this going and having the Ombudsman involved?

I'm going to take some photos of the sofa's defected areas and post them here to get a little feedback also...

But thanks again. I think I'll write to the Ombudsman or maybe try phoning them today...

J

J2010

Hello again folks...

OK, I've checked over my docs and found this out...

My sales agreement with Land of Leather states the suite is "Brown Leather/Leather Match", the leather match being the imitation leather, however I do recall the sales person saying the back and sides was imitation but the seat units and arms were real leather. So that's must be the Leather Match.

Also, my delivery note states the suite to be "Brown LTHM" I take it the LTHM stands for Leather Match?

And, the interesting part is my HomeServe certificate of insurance also states the suite to be "Brown LTHM", these two docs do not state the suite to be Leather at all, but LTHM... now here is the really interesting part, Homeserve told me on the phone my suite was not real leather, it was all leather match and they do NOT cover that.... if that's the case why does my sales agreement state both Leather and Leather Match, and most of all, if Leather Match or LTHM as they call it is not covered on my insurance, why is my product described as LTHM on the actual insurance cert.

A bit of conflicting info there!

I'm confused!?

purplejac

leather match should only be used on the back or sides of a sofa basically on areas you dont actually sit on, from previous sofa disputes and checking websites and speaking to people i found this out so they should cover you for the areas that you need repaired.

Also the furniture ombudsman which is called fira type it into google and you can contact them by phone however they do take a few weeks to send out the paperwork but keep calling them i had to phone a few times before they sent it out they will also come and do an independant report for you i think it costs about £50.

J2010

Just an update, I contacted the Financial Ombudsman on this as I'm style paying for the product I can do this, they advised me their service is totally free for m the customer no matter what the outcome but will cost the business involved!

They are to get back to me regarding...

I'll post the outcome here

J2010

Just another up date, The ombudsman got back and said I need to show proof that I went through the complaints department at HomeServe and they have now contacted them on my behalf and will wait for a response within 8 weeks. If no response or I am still not happy they will take it from there...

So, I got a sunrise, Homeserve sent me a complaints leaflet even though they ignored me the first time around. So I've complained again through their proper channels and provided proof of my first complaint being ignored and guess what... they've read and ignored another 3 of my emails to their customer care email address!

I got GOOD NEWS though on the Creation Finance side... they advised me I need to hire a furniture specialist to do an independant report at my own cost, so I took the Ombudsman's advice and hired one as if I didn't it's me who's being unreasonable!

Anyway, the guy from Servico came out and basically told me I was misold the furniture and the insurance, the product is not suitable and non repairable... he said it's made from PVC and not real leather and that I definitly have a case here! He said it's in a poor state because of the defects but in a good state use wise, therefore I'm not to blame! and he even put it all in writing. I submitted this to Creation and I am awaiting a response. I also et HomeServe know and asked if I need to forward a copy to them but again they've read and ignored my email!

Will update later when I hear more!

J2010

Just another update on this whole issue...

Home Serve have now finally replied to me with their FINAL RESPONSE!

They're all apologetic and basically said they ahve overturned the decline they gave me before on the claim to have the suite repaired, but they won't be able to repair it so they've offered me two options.

A final settlement cash payment fo £300 odd pounds and keep the crap suite or a credit note for £999 to be used only in Argos, Homebase or Harvey's and keep the crap suite...

I'm glad they've now put in writing that they were wrong and by offering me these options shows they know this big time!

But... in total I paid, £1000 for the suite, £200 for the HomeServe Insurance, £69 Delivery and £35 for the specialist report, therefore should my total offered to me not be £1304? Why should I be out of pocket over this? Not to mention the various letters, emails and phone calls I've had to send over the last 2 years?