Furniture Village sofa has sagged

Gmitch2000

In June 2009 I took delivery of two sofas from Furniture Village.

One of them has since developed a very big ‘sag’ in the middle that is so bad that two people cannot sit on it as they slide toward each other. The other sofa has started to ‘sag’ at one end. I am not happy as both my wife and I are not over-weight and have given the sofas normal use.

We phoned and told Furniture Village in August and they sent a representative round to inspect them last week. Despite him saying to my wife that there was a problem we have now received a letter saying that the “furniture is to expectations” and we will have to pay for any repairs.

I have written to Furniture Village saying that this is not acceptable and we would want replacement sofas to a similar value to the last ones. I stated if I do not get a response I will take this to the county court.

Has anyone else had a similar experience of Furniture Village? What are my chances of success at the small claims section of the county court?

PZH

Gmitch2000 wrote: »

I have written to Furniture Village saying that this is not acceptable and we would want replacement sofas to a similar value to the last ones. I stated if I do not get a response I will take this to the county court.

After this length of time (Unless there was any guarantee / warranty that was extra to your statutory rights) - it would be up to you to prove the sofa(s) are faulty and not just damaged.

IF you can prove the sofa(s) are indeed faulty - and that the fault existed at the time of manufacture (e.g. not caused by incorrect use ) - then the retailer would have the option to refund, repair or replace.

If they chose to refund - they would be able to "depreciate" any refund by the length of time you have had the sofa(s) against the general life expectancy (e.g. if the life expectancy is 10 years but you have had 2 years worth of use - then they could reduce the amount by 20%)

If they chose to repair - then they have the right to inspect the goods for themselves (which they appear to have done) and decide if the fault was through anything other than a manufacturing fault (which again, they apear to have done)*. The only way forward for this route is to have an independant report done - and ensure that you categorically ask for a report as to whether the sofa fault is due to an inherent manufacture fault - for example, manufacturer used only 1 screw when there should be three, or neglected to use glue when it was required.... (BUT, it might be cheaper to simply pay for a repair?)

If they chose replace - then it really depends on what is available now ( i.e. the sofa you have may not be made any longer ) - and also the cost. You're idea of "similar" may not be the same as theirs (and more importantly - if it goes that far - the judges opinion of what is fair).

* Acknowledgement that there is "a problem" is NOT the same as acknowledgement that the problem is due to an inherent fault.

Gmitch2000

Thanks Poodless,

I realise that these are two years old now but they were sold with a five year guarantee for the frames and structure.

As a result I would not expect this bad ‘sagging’ that can even by clearly seen underneath the sofa when turning it over.

I wrote to them saying that I wanted a new sofa to the value of the old one (rather than just injecting with foam when there is clearly an issue inside the product). I gave them two weeks to feedback and with one week to go have had nothing so far.

Has anyone else on her had a similar issue with Furniture Village? Where they reasonable or did you have to take them to court?

arcon5

Gmitch2000 wrote: »

I wrote to them saying that I wanted a new sofa to the value of the old one (rather than just injecting with foam when there is clearly an issue inside the product). I gave them two weeks to feedback and with one week to go have had nothing so far.

Even if they did offer a replacement, it would unlikely be to the value you paid. For example, if you paid £1,500 for a sofa then 5 years later they agreed the sofa is faulty, you couldn't then replace it with a brand new sofa worth £1,500 unless you was willing to pay the difference.
Plus the remedy they offer is their choice so they would likely go for the most economical option. So if refoaming would repair the sofa and that is what they offer, although you can ask for an alternative, you cannot inist.

At the moment they will laugh at threats of court, because you do not have a case. It is for you to prove the sofa is inherently faulty and not damaged or the result of wear and tear. If you can't prove this you won't win in court.

Gmitch2000

If they gave a five year guarantee on the structure then why would the case not succeed at court. The sofa clearly can be seen sagging at the bottom so is that not a structure problem?

I am not arguing with yuor point and value the feedback – I am just wondering what my options are as cannot really afford a new sofa, this one cannot be used and even though FV is fairly cheep surely there goods should last longer than two years?

arcon5

Gmitch2000 wrote: »

If they gave a five year guarantee on the structure then why would the case not succeed at court. The sofa clearly can be seen sagging at the bottom so is that not a structure problem?

I am not arguing with your point and value the feedback – I am just wondering what my options are as cannot really afford a new sofa, this one cannot be used and even though FV is fairly cheep surely there goods should last longer than two years?

I'm not disagreeing with you, but if the issues are structural and they are denying you a repair under the guarantee then you would need to prove they have breached the agreement in court.
I'm saying you don't have a case yet, nothing more. As the burden of prove is on you, having obtained an independant report confirming the fault is inherent you would have a case.

I don't really know what you mean by "sagging" though, it could be anything from something having collapsed inside to worn springs making it sag.

PZH

Gmitch2000 wrote: »

I realise that these are two years old now but they were sold with a five year guarantee for the frames and structure.

Well, that does change things (hence my initial post stating unless this was the case) - but you need to read the T&C's of the Guarantee to see what is covered and, more importantly, what is NOT covered.

Gmitch2000 wrote: »

I wrote to them saying that I wanted a new sofa to the value of the old one (rather than just injecting with foam when there is clearly an issue inside the product)...

So have they offered to inject foam as a remedy ?

Gmitch2000 wrote: »

The sofa clearly can be seen sagging at the bottom so is that not a structure problem?

You would need to get a professional opinion on that. Obviously the representative from FV thought that is was not the case.

Gmitch2000

Thanks – you have both been a help.

Would you know where I could get a report written that could show any defects to the sofa?

Thank you again.

bobajob_1966

Contact FIRA/ the Furniture Ombudsman, they will be able to arrange an inspection, although it will be chargeable.