Faulty recliner - help, what are my rights?

[Deleted User]

I bought a new recliner sofa from MFI in August 2006. The sofa came with a 1 year guarantee. In November the recliner broke and I rang up MFI, who said acknowledge it was still under guarantee and sent an upholsterer to my house to have a look. It turned out that the frame is faulty and needs to be replaced and said he would order a new one.

Today I got a call to say that our sofa was an end of line and they don't make them anymore so they can't repair it, but will give me £80 to find an independent upholsterer to have a look at it and repair it (since their own upholsterer can't).

Unfortunately the frame is not repairable, it is FAULTY and needs to be replaced; this is what their upholsterer said. £80 for a seat that cost me £800 and broke down after 3 months is an insult.

Does anyone know what my rights are? Thanks.

furrypolka

If it cannot be repaired (the repair being the replacement of the frame), then you can seek either:

- A replacement sofa if they can offer something of the same value of your current sofa (had it not been faulty) which is acceptable to you.

- Rescission of the contract. This is basically a partial refund. (worked out as the full price less an amount for the wear and tear you have had from the item).

deanos

Dont mess around ask for a full refund

furrypolka

Be aware though that if you do ask for a full refund and the store refuses, you are not legally entitled to a full refund.

Part 5a of the Sale and Supply of Goods to Consumers Regulations (which amended the Sale of Goods Act in 2003):

48C (3) For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

Obviously you haven't had the goods for that long so any reduction should not be excessive, but just to point out that a full refund may not be pursuable in law.

[Deleted User]

Thanks everyone, I rang up again this morning, spoke to someone else and told them I now know what my consumer rights are after reading the Sales of Goods Act etc. and would like either a replacement or a full refund (now I know it won't be 'full' but that's ok). The terms and conditions on the MFI website also says that if the faulty item is no longer made, I am entitled to a replacement with something similar and of equivalent value. They said they will need to look into it and come back to me. Praying for the best!! I will let you know how it goes.

furrypolka

There's never any harm in asking for a full refund as some stores will just do this, however it's important to remember that if they do refuse a full refund it's not really worth getting angry and starting to demand one. It's better to negotiate an acceptable amount of reimbursement.

The partial refund does need to be reasonable though - they certainly can't turn around and say "we'll refund you 50%" after only a short time!

Good luck with it.

[Deleted User]

Result!!

Just got a call from MFI and they're refunding us the FULL amount!

I am so pleased, thanks everyone. :beer:

furrypolka

Nice one, and good for MFI for doing this.