Misrepresentation Act 1967 advise

Oreo14

Hi
Can anyone advise me on the following please as it seems a bit of a grey area as far as I can see:

I purchased the Scala 3piece suite from Furniture Village in Mar 2008 and whilst googling solutions to the shocking state of it (cracking,peeling) I found another thread on here which has informed me that I bought a bicast suite and not a 100% leather suite as I was told when I bought it. I want to take this up with Furniture Village as many other people have done but have read that as 6yrs have passed I may not get very far. I have read the Misrepresentation Act and it doesnt actually give a time limit but says the following:

Timely reporting of misrepresentation
.........But it's important to always bear in mind the potential bars to your remedies for misrepresentation, which is why it's important to act very quickly upon discovering that you've been a victim of a misrepresentation.

Does this mean I could claim as Ive only just discovered I was missold the suite?
Any advise would be most welcome,thanks.

Oreo14

Can anyone give me any advise please? Thanks

neilmcl

The limitations act 1980 is the legislation that specifies time limits for breaches of contract so indeed the 6 year period will still prevail I'm afraid.

stevemLS

As you will know if you have been looking at the Misrepresentation Act, there are several types of misrep, fraudulent, negligent and innocent.

Only fraudulent misrep has any impact on the Limitation Act, s32 postpones the start of the limitation period to the date on which the fraud was discovered or, with reasonable diligence, it should have been discovered.

Because of the specially offensive nature of the allegation, fraudulent misrepresentation must be proved (in the civil court) to the criminal standard of proof.

I think you are going struggle to attempt to use this to circumvent the normal period.

societys_child

. . . not a 100% leather suite as I was told when I bought it.

That's another problem, who told you this and do you have any proof?

Bantex_2

I very much doubt that any suite is 100% leather. It would collapse.

wealdroam

societys_child wrote: »

That's another problem, who told you this and do you have any proof?

On another thread the OP said:

Oreo14 wrote: »

I bought my Scala in March 2008 and the paperwork I have for it has the leather symbol on it with 100% written next to it and the description of the suite says "Created in practical durable leather,it oozes design thanks to detailed contrast stitching....."

bod1467

Where are you? Whilst the statute of limitations is 6 years from purchase in England and Wales, in Scotland it is 5 years from discovery.

Oreo14

societys_child wrote: »

That's another problem, who told you this and do you have any proof?

The salesperson told me this along with the fact the suite had 100% leather symbols on it. I dont have proof unfortunately as it was said in conversation.

It seems I dont really have much of a chance but might write to them anyway and appeal to their better nature!

robatwork

2 hopes, and one of them is Bob.

rara-lala

I've just discovered the state of my Scala suite too after renting out my property for the last 2 years. I purchased mine in 2006 but it had some repairs (for peeling) done in 2010. Since then practically the entire back cushions have peeled away. I'm guessing I'm far too late to expect anything from FV but thought I'd ask if anyone else has an opinion? Spoke to FV today to ask their opinion and was scoffed at by a snooty saleslady 'of course it's leather'...interesting...