SOGA knowledgeable people help please!

James_Lahey

Hi to all you fine MSE helpful intelligent people (and also a big hello to the trolls too - hope you are all having fun but I might suggest to try body-building forums, some of their test-fuelled tempers can give big rofflecopters.)

Anywoo onto my question - less than 6 months ago a good friend purchased a brand new sofa-bed/futon online. She saw the advert on ebay and sent a ebay message asking if this bed would be suitable for herself considering she has a very bad back (off the top of my head I think it has ruptured discs)

The company then phoned her to say not only was the bed suitable and supportive for her condition, but also directed her to their own website (to avoid ebay/paypal fees!)

The bed arrived and has been assembled and much like any sofa bed I've ever used, it makes an uncomfortable sofa and an even more unconformable place to sleep. Her GP has also confirmed the unsuitability of the product.

Visited my friend yesterday and she was in considerable upset and was planning to sell the bed second hand at a massive loss, Bed retailed at ~£220 new (which as an unemployed single parent of two children ages 8months and 2 years took a large chunk of her "expendable" cash)

Onto today, after reading many of these forums over the year I suggested she may well be eligible to return under SOGA as unfit for purpose.

We sent an email + a recorded letter to the company today asking for a resolution to the problem, stating that a refund would be preferred (as any faith in sofa beds has been lost!)

Afaik our next stage if we do not get a favourable reply would be a letter before action?

Should this claim be valid? Any suggestion on how to best handle future steps? Should I let ebay know their rules are being abused (or save that information for later/never in the case of a good outcome?)

p.s. I've had a lie on the bed with a healthy back and can say even after a few minutes it's clear that bed is wholly uncomfortable and badly designed - even as a sofa is no pleasure to sit on - my friend has only used the bed twice from new - each time leaving her with chronic pain.

No company names shall be mentioned at this stage as we hope for an amicable agreement.

Any helpful advise would be very welcome (regardless of whether it is what we want to hear.)

And finally apologies for those who found it tl:dr :cool:

shaun_from_Africa

Does your friend have anything in writing that stated that the bed would be suitable for them with their back condition or was this all done on the telephone?
If it was only stated on the telephone then they may have a hard job getting a refund, although it's still worth trying.
It would also be worth seeing if their doctor would be willing to put their opinion in writing stating that the bed isn't suitable.

If the company won't refund, legal action may well be their only option, but if the bed was paid for with a credit card, there is still the option of a "Section 75" claim.
This refers to Section 75 of the consumer credit act and basically it states that the credit provider (credit card company) is jointly liable with the provider of the goods for any breech in contract, faulty or missold goods.
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

James_Lahey

Unfortunately the promises were made over the phone - although she does still have her enquiry sent via ebays message system (and obviously she wouldn't have bought the bed had she not been told it was suitable.)

Her payment was by debit card (which I think still has some comeback?)
From the sounds of it a letter from the doctor should be no problem as he was outraged when hearing about what she had been told/sold.

Thanks for the advice and link Shaun, shall peruse and forward both on :beer:

wealdroam

James_Lahey wrote: »

Her payment was by debit card (which I think still has some comeback?)

120 days is the limit.

See MSE's Debit Card Chargeback article for further detail.

James_Lahey

Thanks wealdroam - Bed was purchased on the 6th of June so we are still well within time - presumably the initial letter sent recorded today counts as first contact in resolving this matter.

Does SOGA apply in this case or do you recommend a card reversal as a better option?

Many thanks for all advice!

inmypocketnottheirs

Was the bed advertised as orthopaedic? If relying on verbal representations I fear that you will come unstuck.

It is a case f caveat emptor- let the buyer beware.

My advice, put down to experience and move on.

That said, you could try Consumer Direct and see what they say. http://www.direct.gov.uk/en/Governmentcitizensandrights/Consumerrights/DG_182935

paddyrg

Bed salesmen are not medically trained to diagnose conditions and suitable orthopedic appliances over the phone. They have no way of knowing if that bed is ideal for that particular person's condition, so can only make a guess.

If you had arrived here earlier, I would have advised Distance Selling Regulations as being the best way to return the item. SoGA 'fit for purpose' test would take into account that cheap sofabeds are meant for occasional use, and are not orthopedic products for daily use. I don't think her case is strong to be honest. Try asking the store if they will restock the item if she pays a restocking fee, or slogging it herself on ebay for £1 less than the company she bought it from?

somethingcorporate

I really don't see this getting off the ground unless it was being sold as an orthopedic bed suitable for the condition your friend has.

With no proof the conversation took place it will be very hard to win this.

wealdroam

James_Lahey wrote: »

Thanks wealdroam - Bed was purchased on the 6th of June so we are still well within time - presumably the initial letter sent recorded today counts as first contact in resolving this matter.

Does SOGA apply in this case or do you recommend a card reversal as a better option?

Many thanks for all advice!

I cannot see the card company agreeing to a chargeback without any proof of either being wrongly advised at point of sale or faulty product.

meer53

There is no chargeback that would cover this situation. Without proof that the bed is not fit for purpose Section 75 wouldnt work either.

What i don't understand is why anyone with a bad back would think a sofa bed, or a futon, would be good for them. I don't have a bad back but wouldn't want to use one for more than a couple of nights.

pickpocketlocket

meer53 wrote: »

There is no chargeback that would cover this situation. Without proof that the bed is not fit for purpose Section 75 wouldnt work either.

What i don't understand is why anyone with a bad back would think a sofa bed, or a futon, would be good for them. I don't have a bad back but wouldn't want to use one for more than a couple of nights.

A proper futon would be good for a bad back, but it would not be cheap and be designed as a permanent bed, not an occasional one. I agree that a £220 sofa bed/ futon would be bad for anyone to sleep on, bad back or not.