faulty chair

hightara

hi
could any of you knowledgeable people help me with some information on what i can or should expect with this:

bought a suite of furniture less than six months ago, however the mechanism on one of the reclining chairs has broken.
when i pulled the lever, i heard a crack, a piece of plastic came off the foot part and wouldnt recline.

i have informed the local shop where i purchased it, and they are coming out tomorrow to look at it.

i just need to know where i stand with regards to fixing, replacing, or refund.

thankyou for reading:)

ps: im of normal build, and i didnt use excessive pressure on the lever if that makes any difference at all.

arcon5

Assuming the damage hasn't been caused by wear & tear or misuse and therefore inherent you would be entitled to a refund, repair or replacement, effectively their choice -- under Sales of Goods Act.

If they did deem to fault to be user-caused, the burden would be on them to prove this (within the first 6 months).

Although I wouldn't worry just yet, wait until they have inspected it and made a decision as you may be panicking for nothing and they offer a no-quibbles repair (hopefully)

hightara

thankyou arcon:)

hightara

me again, still with the faulty ( now two) recliners,

shop has replaced cables numerous times over the past year,
they even sent out a so called independent guy who duly fixed them again, this time saying a clip had come loose.

i have been very polite to the shop owner, but i think enough is enough

on monday, i called again to say that i really should be taking this to small claims.

(the independent im saying so-called as i believe he knows the owner) or is affiliated with the supplier ...... though nothing concrete.

im hoping some of you knowledgable people can advise me.... would it be worth my money (about £130) up front to go to court.
i bought the suite specifically so i could use the recliners as i have chronic back complaint......and have to keep switching between which one is working...and on one occasion both unusable at the same time.

i have kept a record of all correspondence

help please.

Fire_Fox

You "have kept a record" but also say you "called again". How much of your complaints do you have in writing, especially the first episode since that was so soon after purchase?

hightara

Hi firefox, i didnt put anything into writing until this past few months, sent recorded, to ask them to sort the problem out.

i have only wrote down what had been said over the phone, and what was said to me on the day the independent guy came out.

need some advise

its okay to tell me i've no chance/gone about it the wrong way.

just need to be realistic about this

hightara

anyone?:wave:

Fire_Fox

It's not the end of the world, only would be a PITA if they denied everything. In any of your more recent letters did you refer to the earlier issues? Have they written back and not denied or even accepted the earlier contact? Do you have the name of who you spoke to/ was called out in your notes and all the dates?

Your next task is one letter summarising ALL the contact and ALL the issues to date, it should then be clear to them you mean business and have been keeping records. IMO you should reject under the Sale of Goods Act clearly noting that these problems date back to within the six month window whereby the seller has to prove there is no inherent fault. If that fails, send a letter before action attaching evidence and a completed court claim form. If that fails then you would have to start a small claims action but hopefully it won't get that far.

hightara

thankyou so much firefox,

the letters i sent them detailed the problems over the months, i have the managers name who ive spoken to on many occasions

you mentioned the court claim form, do you mean i should fill mine out, make a copy and post to him to see if he sorts this out.

the letter of intent, i'm not sure about, would it just be a covering letter basically outlining everything so far and that i will be filing the small claims copy if he does not rectify the problem?

again thankyou for taking the time to reply, its very much appreciated.

wealdroam

hightara wrote: »

the letter of intent, i'm not sure about, would it just be a covering letter basically outlining everything so far and that i will be filing the small claims copy if he does not rectify the problem?

Google letter before action for many samples.

Basically, keep it short and to the point.

State exactly what the problem is.
State exactly what they need to do about it and when, say 14 days.
State what will happen if they don't do that, i.e. you will start court proceedings.

Send it recorded delivery.

Guardsman

Sample here http://www.which.co.uk/consumer-rights/making-a-complaint/taking-a-dispute-to-the-small-claims-court/sample-letter/