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Sofa unseen fault after 2 hrs- excessive movement in the frames, loud creaking frame.

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Hi,

Two hours after receiving my two sofas I reported an unseen fault in both sofas. Excessive movement in the frames when I lift onside to slide out, the opposite end stays heavy, solid and fixed to the ground, it sort of bends at the back corner where the arm is joined. The frame wobbles, yet my fifteen year old suite, which we have just got rid of due to a new colour scheme, never did this.

Difficulty with the company not answering emails. However they will send a technician tomorrow- 9 days later. Also they are saying that no refund would ever be given as they only repair, replace faulty goods as stated in their small print.

After taking advice fro the forum I sent this email-
I would like to say that I explicitly reject the goods under the Sales of Goods Act (amended). Also that the retailers choice of repair, replace or refund only comes about once the goods are deemed to be accepted hence- I reject the goods under the Sales of Goods Act (amended). Therefore I am with in my rights to have a full refund.

Is the company right in replying today with the following?
...”We would disagree with that interpretation of the act and believe we are acting in accordance with the law by offering you a repair if a fault is found and we would stand by that assertion.

As soon as the technician submits his report we would be back in touch with the best way to proceed.

Kind Regards ................
Sales Executive.”

Please can anyone with the legal expertise or anyone with a similar experience advise. Also am I on the right forum as I was not sure where to place this although I have it on the Consumer rights forum.


• The technician is due tomorrow.
What will he/she ask, will I have to sign anything, is there anything you can add to help with the replied email?

Thank you.

Comments

  • daveyjp
    daveyjp Posts: 13,557 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 October 2014 at 2:25PM
    You just need to let the technician do their job and witness what he is seeing. As both are the same it may well be the design and materials issue rather than a manufacturing defect.

    How much did you pay for the new sofas?
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    Hi,
    Cost is irrelevant, as all goods must be as described, fit for purpose and without fault.

    Thanks.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Can I ask the company name?
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    daveyjp wrote: »
    You just need to let the technician do their job and witness what he is seeing. As both are the same it may well be the design and materials issue rather than a manufacturing defect.

    How much did you pay for the new sofas?


    This is how much OP paid.
    I paid £2,299 for both sofas including £40 delivery, 50% upfront then 50% before delivery, both payments by Visa debit card. Thank you.

    They already have another thread running.

    https://forums.moneysavingexpert.com/discussion/5094233
    Accept your past without regret, handle your present with confidence and face your future without fear
  • System
    System Posts: 178,349 Community Admin
    10,000 Posts Photogenic Name Dropper
    UPDATE=Goodbye to the 1 yr old creaky sofa from The Chesterfield Company in Manchester.

    My PAXTON BLACK LEATHER CHESTERFIELD, Black Premium Aniline, 2 seater sofa, with chrome studs, is at its worst and time to be replaced. Beautiful looking sofa too, stunning! Hasn't worsened in looks but has to go because of the loudness of the dry loud creak/squeak/boingy noise from both seats ( oh my goodness you've never heard anything like it lol!) and the embarrassment caused to visitors sitting on it has been hilarious!

    Just to let people know- Maybe I'll keep the 3 seater for now although it is a bit useless and embarrassing, as only one seat can actually be used to sit on, due to the earlier mentioned fault ( when seated on the left seat you slide down to the middle of the sofa, virtually onto the person sat next to you, rubbing shoulders, bit like being on a a slide and sliding sideways) but it works for now, and it is also beautiful looking piece.

    The leather on both has been great, like a buttery smooth effect which I would choose again, but obviously from a different company.

    I'm off to look for a new one, should be easy to match and I will donate the other, or maybe that's an insult, I'll have to think about it.

    Good Luck to the sofa buyers and I genuinely hope that you have a better experience than I did. Thank you to everyone's for their advice in the matter.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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