We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

Section 75

Hello

I've purchased a sofa and 2 arms have collapsed
Contacted CC company as shop I purchased from have gone
Into administration. CC Company asked me to get an independent report done. I've done this but the report says my complaint isn't justified as a "card" in the arm has broken, due to using arm to get out of chair and it's a common fault. Thing is I only purchased in
December and I don't think that it's fair that it can break so soon.
I'm only 14 stone!
I think the CC company will side with the report and I'm goosed.
Is that the end if it though? Would FOS even look at my case if I took it up with them?

Thanks for your time

Ste
«1

Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    If you submit evidence saying it fair wear and tear then evidently they are going to say there is no liability and the FOS would back them up.

    Its really up to you if you want to pay for another review and hopefully get a different response or accept the findings of the report.

    Clearly if you pay for a second report you can only reclaim the cost of the second one from the bank should you win your case and not the first one that you've rejected.
  • eskbanker
    eskbanker Posts: 35,366 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Stec1603 wrote: »
    the report says my complaint isn't justified as a "card" in the arm has broken, due to using arm to get out of chair and it's a common fault
    Difficult to see how you can make a successful claim from anyone if an independent report doesn't back your position, but I can't follow their logic - if it's a common fault (suggesting a design or manufacturing flaw) then surely the supplier (and therefore the CC company) is liable, but if it's down to misuse by the customer then to me that's not a fault as such....
  • Stec1603
    Stec1603 Posts: 54 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    This is what I was thinking. I can't see how it's miss-use it's 6 months old. Surely the card shouldn't collapse? Verbally he said its a common fault it doesn't say this in the report.
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Stec1603 wrote: »
    This is what I was thinking. I can't see how it's miss-use it's 6 months old. Surely the card shouldn't collapse? Verbally he said its a common fault it doesn't say this in the report.

    The main question is if its reasonable for it to have happened within 6 months/ given its age. You need to ask them to explicitly answer that question in their report.
  • Stec1603
    Stec1603 Posts: 54 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The reports already arrived. It would take another £125 to get that answer.
    I can see the CC saying no and the FOS possibly agreeing but there maybe a chance that they think it unreasonable for it to fail so soon.
    If this is self inflicted then maybe it should come with a warning don't use arms to help you off the chair?

    Thanks guys I appreciate your help with this
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Stec1603 wrote: »
    The reports already arrived. It would take another £125 to get that answer.
    I can see the CC saying no and the FOS possibly agreeing but there maybe a chance that they think it unreasonable for it to fail so soon.
    If this is self inflicted then maybe it should come with a warning don't use arms to help you off the chair?

    Thanks guys I appreciate your help with this

    Just sounds like a poorly written report. Used to commission a lot of engineer reports into cars or location reports and of course medical reports for injuries and the standard of what you get back varies greatly.

    Sometimes its a case of deciding if its a poor expert or if actually they're right and thus the claim is/isnt valid etc.

    If they havent covered something they need to in the report there shouldnt be the full cost of the report again to cover off the point they've missed.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    Consider suing the CC.

    Tell them your story, provide photos/video clips etc. Tell them if they don't pay up you'll issue a claim form.

    A judge will take a view as to whether you have sufficient proof. It is standard practice for CCs to require an independant report before paying up, but the law does not provide for this requirement. If you sue them, it will be for the court to decide if such a report is necessary - and usually in the case of small claims, such "expert evidence" is disproportionate. Judges can be very down to earth. They also don't like to find that people are lying. You can provide a witness statement (as well as photos etc). How will the CC rebut this? You only have to prove "on the balance of probabilities". Roughly put, this means that the judge will have to decide that what you say is more likely than not.

    The most likely scenario is that the CC will "do a deal", either on receiving a "letter before action" (ie your threat to sue) or when you have issued the claim. They won't want the expense and hassle of sending someone to court to argue.

    With small claims, it is difficult to recover much by way of "costs", so don't worry about losing.
  • Stec1603
    Stec1603 Posts: 54 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Well thanks for this guys. I think 1st thing is to send the report to the CC on Monday and see what they say. It's fair to allow them chance to resolve.
    If then they refuse I'll take to the FOS with a view to claiming on the items not lasting a reasonable amount of time AND no warnings that the card could collapse in the arms.
    If I get nowhere I've a decision to make wether or not to sue.
  • Perhaps you should consider the Sale of goods act and concentrate on the goods not being of merchantible quality.
  • Stec1603
    Stec1603 Posts: 54 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks. I'm assuming the CC company will take all this in to account, and if not then the FOS will?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.4K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 241K Work, Benefits & Business
  • 617.3K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.