Sofa fault but out of guarantee

splash233

In less than 3 years the seat cushions on my faux leather sofa are starting to crack. I approached the local furniture retailer and a salesman gave me the name of a repairer. I was unhappy about this so wrote to the managing director. He said the suite was out of guarantee and that he cannot do anything except for offer me a 'gesture of goodwill' discount on a new suite. In my next letter I quoted the Sale Of Goods Act, and stated that I only wanted the suite repairing, not a new one, but he said the same thing. The suite cost £1,150 and, in my opinion, two years and 11 months is not a reasonable length of time to expect it to last. I appreciate the sofa is out of its 12-month guarantee period, but am I being unreasonable? What can I do next?

somethingcorporate

Read the FAQs at the top of the forum.

You need to prove that the fault was inherent at the time of purchase (via an independent report stating such) and present the company with this.

They can then offer you a remedy of repair, replace or partially refund. How much is the discount they are offering you? If you've had it for 3 years I'd guess you may get 50-60% of your money back under a partial refund so if they are offering you more than this in terms of a store credit it may be in your interest to pursue this option.

splash233

Can you recommend anyone to carry out a report? Furniture Ombudsman charges £100+ (which I doubt I would ever get back) and the retailer isn't a member. Sounds like a long, expensive road to nowhere...
Anyone had success down this route?

somethingcorporate

It's the only way to enforce your rights under SOGA when the retailer does not play ball. Hundreds of people have had success and I have recommended it thousands of times on this forum (well, hundreds at least!).

Open yellow pages and find a local upholster. It should cost less than £40 and you should be able to get it paid for by the retailer (you will have to pay for it upfront).

splash233

I've now checked this out. There's only one upholsterer in our area who does independent reports - charging £50. He said I was more or less wasting my £50. He has dealt with numerous people's complaints and written many independent reports but he says it is nigh on impossible to get the sofa firms to give compensation/repairs - especially on faux leather sofas. He said even the best quality faux leather he installs in pubs only has a shelf life of 3/4 years max. He said for a three-piece suite costing nearly £1,200 it really wasn't worth it. He said try Trading Standards rather ran shelling out my own money on something that will more than likely lead to nothing. Do I have any other option other than put the purchase down to bad judgement and pay for repairs myself? I paid the £200 deposit for the sofa on my credit card - is there any comeback through this? Any expert advice is much appreciated. Thanks.

McKneff

I paid less than that for my real leather suite, and its pretty near perfect apart from the bit of sagging where I sit all the time.

I wish the English would get rid of this damned word Faux, mind I dont suppose they would sell as many if they marketed it as 'fake leather'

splash233

Thanks for those 'useful' comments, but is there anyone who can add anything constructive? Thanks.

sarahg1969

splash233 wrote: »

Thanks for those 'useful' comments, but is there anyone who can add anything constructive? Thanks.

The expert you've spoken to has already given you the most constructive advice - a plastic suite isn't going to wear as well as a leather one. They do deteriorate quickly simply because of what they're made of.

Have you tried Trading Standards, as he suggested? I suspect they'll only tell you pay for a report from an upholsterer, so you'd be going round in circles.

The only other option is to find someone who will tell you what you want to hear, but it won't necessarily be good advice.

arcon5

splash233 wrote: »

Thanks for those 'useful' comments, but is there anyone who can add anything constructive? Thanks.

Post #2 and #4 are pretty much the crutch of it.

After 6 months the burden of prove is on you as the consumer. You need an independent report confirming the fault is inherent and not just customer damaged or wear and tear.

You then send a copy to the retailer to attempt to obtain a remedy under SoGA.

If they fail to do anything, your CC company is by law also liable for performance of the contract so you can submit your evidence and details of your efforts to them in the form of a 'section 75' claim. They should then get involved and potentially offer you a remedy instead.

If that fails you can proceed to small claims court. Whether that would achieve the desired results or not though is a whole different story.

worried_jim

McKneff wrote: »

I paid less than that for my real leather suite, and its pretty near perfect apart from the bit of sagging where I sit all the time.

I wish the English would get rid of this damned word Faux, mind I dont suppose they would sell as many if they marketed it as 'fake leather'

Had mine 10+ years and looks as good as the day I bought it. Buy cheap and you buy twice. Always go for leather nothing beats it in value for money long term- I know I used to sell it.

art_for_arts_sake

I paid an upholsterer for a report when the suite I bought started faling apart after a few weeks. It showed the company that I meant business and the upholsterer gave me a few facts about upholstery and what not to buy which stood me in good stead for my next purchase when I eventually got my money back.

Re your "faux" leather suite, I'd ask an upholsterer to replace the cushion covers with new ones.

Plasticiser migrating from the material will make it harder but even genuine leather can harden and crack from the natural oils present in our bodies, if not regularly condititioned.