scs sofa dispute

gazpacho_uk

Hi,
For my sins I let my wife talk me into buying a corner suite from SCS. The suit arrived on 16 December and I checked it over to ensure everything was OK, which it was.
Over Christmas my wife was re-arranging the cushions on the suite and noticed a 3" slit in the fabric on the main sofa.
Having no children or animals in the house and barring any wild Xmas parties (we were actually away for Christmas) I can only assume the tear has happened by one of us simply sitting on the furniture.
I called SCS to see what they could do to repair the sofa under the "10 year warranty".
This is where the fun began. I was told in no uncertain terms that the warranty does not cover slits, rips or tears. I tried to explain that the suite had hardly been used since it was delivered and that the defect has become apparent with just minimal use. The operator would not allow me to take this any further and refused to let me speak to a manager. The best I got from her was an address to write to with my complaint.

If anyone has any advice or can help, I would be very grateful

regards

John

unholyangel

Putting your complaint in writing can actually be the best thing to do. It means if you need to carry it any further, you have proof of what you said and when you said it.

Keep your complaint as straight forward as you can. Detail the problem and what you want them to do to fix it. Send it recorded delivery (if not by email) and keep a copy for your own records.

regency_man

Glad to hear you accept that you may have caused the damage - many would outright deny they could have possibly caused that damage and that it MUST have been like that when it arrived!!

Just out of interest, did you open the packaging or did a delivery man/installer do it? Slit like that is a classic result of someone being over-zealous with a stanley-knife when removing cardboard box/plastic wrap.

You might get more traction claiming it was the fault of the courier - if such a person did indeed do it for you.

unholyangel

regency_man wrote: »

Glad to hear you accept that you may have caused the damage - many would outright deny they could have possibly caused that damage and that it MUST have been like that when it arrived!!

Just out of interest, did you open the packaging or did a delivery man/installer do it? Slit like that is a classic result of someone being over-zealous with a stanley-knife when removing cardboard box/plastic wrap.

You might get more traction claiming it was the fault of the courier - if such a person did indeed do it for you.

He doesnt have to claim anything Its up to the retailer to prove the fault occured due to misuse/wear and tear because its within the first 6 months.

Under SoGA, any faults present within the first 6 months after purchase are assumed to be inherent.

regency_man

Plus if it's not leather/PVC you could probably repair a 3 inch slit pretty invisibly with only amateur needlework skills!

gazpacho_uk

unholyangel wrote: »

Putting your complaint in writing can actually be the best thing to do. It means if you need to carry it any further, you have proof of what you said and when you said it.

Keep your complaint as straight forward as you can. Detail the problem and what you want them to do to fix it. Send it recorded delivery (if not by email) and keep a copy for your own records.

thanks for that, it will go recorded delivery !

gazpacho_uk

regency_man wrote: »

Glad to hear you accept that you may have caused the damage - many would outright deny they could have possibly caused that damage and that it MUST have been like that when it arrived!!

Just out of interest, did you open the packaging or did a delivery man/installer do it? Slit like that is a classic result of someone being over-zealous with a stanley-knife when removing cardboard box/plastic wrap.

You might get more traction claiming it was the fault of the courier - if such a person did indeed do it for you.

the packaging was opened by the delivery men and at the time I could not see any tear, so I am happy that it occurred after delivery. We also only have 72 from delivery date to report any faults, so couldnt go down that road.

gazpacho_uk

unholyangel wrote: »

He doesnt have to claim anything Its up to the retailer to prove the fault occured due to misuse/wear and tear because its within the first 6 months.

Under SoGA, any faults present within the first 6 months after purchase are assumed to be inherent.

I need something like this for my letter. Maybe if they think I know what I am talking about, they may bow down and come repair the suite. I need to get my wording right !

gazpacho_uk

regency_man wrote: »

Plus if it's not leather/PVC you could probably repair a 3 inch slit pretty invisibly with only amateur needlework skills!

Will see how the complaint goes before I get the needle and thread out LOL,

unholyangel

gazpacho_uk wrote: »

I need something like this for my letter. Maybe if they think I know what I am talking about, they may bow down and come repair the suite. I need to get my wording right !

Template letters all over the place You'll find one here:
https://consumer-tools.direct.gov.uk/consumer-advice/template_letters/SGA1979/

Or alternatively i believe there are 2 (one for initial complaints and one for a more formal complaint) here:
http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html

regency_man

Just get your story straight though. You mentioned claiming against their "10 Year Warranty" which they have demonstrated specifically does not cover slits and tears - so if you admit it was your fault through everyday use and try to claim against this warranty you are walking down a dead-end most likely. It's their warranty, their Ts&Cs.

Unholy angel is referring to your legal rights under the Sale of Goods Act - which would again be invalidated if you say that you caused the damage.

Your best recourse here would be to say that you have, after several weeks, noticed a defect that you had not seen previously and believe this to be a manufacturing or installation defect. It is then, as mentioned, their burden of proof to prove otherwise.

If the 'slit' is as I am imagining it (as opposed to a tear), a very precise well-defined slice into the fabric, that could not have been caused by anything other than a sharp blade, then mention this - and state that you are not in the habit of placing bladed objects on or anywhere near the sofa.