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Sofa broken after failed repair attempt. Am I entitled to a refund?
djskinner
Posts: 2 Newbie
Hello,
I am writing to ask for advice on my consumer rights as it relates to a 3 piece suite I purchased. Shortly after receiving the sofa a fault developed which the retailer repaired. Less than a year later the repair has failed and the sofa is broken in the same place again. After having had a difficult time dealing with the retailer every time I've had to raise an issue with them, the sofa initially arriving in the wrong colour, and the amount of time the sofa has been unusable whilst awaiting repairs I feel that a full refund is the only acceptable course of action now. I would like to understand whether I am entitled to get a refund and how I might go about achieving that given that the retailer is not offering to do so.
Here are the facts:
* Placed a deposit on a credit card of £790.00 on 29th March 2015 for a 3 piece suite. This includes a 3-seater, 2-seater, and a 1-seater.
* Paid remainder of balance, £3,110.00 on the same credit card on 24th July 2015.
* The sofa arrived nearly 6 weeks late on 30th July 2015.
* The sofa arrived in the wrong colour (brown instead of black). We rang to complain but in the end did not take this any further primarily because we did not want to be without a 3 piece suite potentially for many more months to come.
* On 20 September 2015, 7 weeks after delivery, we discovered that one of the legs was loose on the 2-seater, and couldn't be used. The leg hadn't come unscrewed, the frame itself where the leg fits into was actually broken.
* On 22 September 2015 someone from the retrailer came out to look at this and discovered a small crack in the frame where the leg fits. The retailer say they spoke to their supplier who appointed a technician (24 September) to contact us.
* The technician called out on 28 September 2015 to inspect the damage.
* The same technician called out on 7th October 2015 to carry out a repair.
* During this period the sofa was out of use for two and a half weeks.
* On 20th April 2016 we noticed that the same leg looked odd and was once again pushed out. It looks like the same problem as before.
* On 21st April 2016 my partner called to make a further complaint. She was told we had to email.
* On 21st April 2016 I emailed.
* On 25th April I followed up with the same email after having no response.
* On 26th April I finally received a response along the lines of
Your email has been sent on to the manufacturer for their observations.
We will contact when we hear how they wish to proceed.
* On 26th April I emailed to say I was not interested in what the manufacturer had to say and it was the responsibility of the retailer to put things right. I requested a full refund of £3,900 on the basis that the goods were not fit for purpose and this constituted a breach of contract under the Sale of Goods Act.
* On 26th April I received a further reply:
You now claim that the sofa had failed again in the same place which seems highly irregular, though not impossible, and are now demanding a full refund quoting "The Sales of Goods Act"
However, as we understand it, you had the sofa, as previously stated, some weeks before reporting a problem, and now some months (9) before reporting further issues. We therefore believe that you are no longer legally in a position to reject the sofa in question, let along the other items that are not "faulty".
As it is more economical for us to repair the sofa, particularly as it is still covered by the manufacturers guarantee, than replace it (cost £1580), we have the right to choose this option and can carry out an effective repair, if we so desire. That is why we said we were contacting the manufacturer.
We would therefore be grateful if you could confirm that this is how you wish to proceed.
At this stage I do not wish to accept a second repair as I believe the frame is broken and cannot simply be patched up. The first attempt to repair has failed and I do not wish to find myself dealing with this situation again in another years time when my rights are likely to have diminished further.
My main arguments for wanting a full refund over a repair or replacement are:
The repair failed once so is likely to fail again. In any case the repaired item is clearly not 'as good as a sofa that didn't have a broken frame'
Accepting a replacement would leave us without the sofa for at least 3 months which I do not find acceptable.
The sofa originally arrived in the wrong colour and a replacement might not be the same colour as the rest of the suite. This would not be acceptable. I wouldn't want to wait 3 months to receive a sofa that is a different colour to the others.
The suite was a single purchase and what we paid for was faulty and not fit for purpose.
I'm really reluctant to accept another repair or replacement but the retailer is not giving me any option. What can I do?
I am writing to ask for advice on my consumer rights as it relates to a 3 piece suite I purchased. Shortly after receiving the sofa a fault developed which the retailer repaired. Less than a year later the repair has failed and the sofa is broken in the same place again. After having had a difficult time dealing with the retailer every time I've had to raise an issue with them, the sofa initially arriving in the wrong colour, and the amount of time the sofa has been unusable whilst awaiting repairs I feel that a full refund is the only acceptable course of action now. I would like to understand whether I am entitled to get a refund and how I might go about achieving that given that the retailer is not offering to do so.
Here are the facts:
* Placed a deposit on a credit card of £790.00 on 29th March 2015 for a 3 piece suite. This includes a 3-seater, 2-seater, and a 1-seater.
* Paid remainder of balance, £3,110.00 on the same credit card on 24th July 2015.
* The sofa arrived nearly 6 weeks late on 30th July 2015.
* The sofa arrived in the wrong colour (brown instead of black). We rang to complain but in the end did not take this any further primarily because we did not want to be without a 3 piece suite potentially for many more months to come.
* On 20 September 2015, 7 weeks after delivery, we discovered that one of the legs was loose on the 2-seater, and couldn't be used. The leg hadn't come unscrewed, the frame itself where the leg fits into was actually broken.
* On 22 September 2015 someone from the retrailer came out to look at this and discovered a small crack in the frame where the leg fits. The retailer say they spoke to their supplier who appointed a technician (24 September) to contact us.
* The technician called out on 28 September 2015 to inspect the damage.
* The same technician called out on 7th October 2015 to carry out a repair.
* During this period the sofa was out of use for two and a half weeks.
* On 20th April 2016 we noticed that the same leg looked odd and was once again pushed out. It looks like the same problem as before.
* On 21st April 2016 my partner called to make a further complaint. She was told we had to email.
* On 21st April 2016 I emailed.
* On 25th April I followed up with the same email after having no response.
* On 26th April I finally received a response along the lines of
Your email has been sent on to the manufacturer for their observations.
We will contact when we hear how they wish to proceed.
* On 26th April I emailed to say I was not interested in what the manufacturer had to say and it was the responsibility of the retailer to put things right. I requested a full refund of £3,900 on the basis that the goods were not fit for purpose and this constituted a breach of contract under the Sale of Goods Act.
* On 26th April I received a further reply:
You now claim that the sofa had failed again in the same place which seems highly irregular, though not impossible, and are now demanding a full refund quoting "The Sales of Goods Act"
However, as we understand it, you had the sofa, as previously stated, some weeks before reporting a problem, and now some months (9) before reporting further issues. We therefore believe that you are no longer legally in a position to reject the sofa in question, let along the other items that are not "faulty".
As it is more economical for us to repair the sofa, particularly as it is still covered by the manufacturers guarantee, than replace it (cost £1580), we have the right to choose this option and can carry out an effective repair, if we so desire. That is why we said we were contacting the manufacturer.
We would therefore be grateful if you could confirm that this is how you wish to proceed.
At this stage I do not wish to accept a second repair as I believe the frame is broken and cannot simply be patched up. The first attempt to repair has failed and I do not wish to find myself dealing with this situation again in another years time when my rights are likely to have diminished further.
My main arguments for wanting a full refund over a repair or replacement are:
The repair failed once so is likely to fail again. In any case the repaired item is clearly not 'as good as a sofa that didn't have a broken frame'
Accepting a replacement would leave us without the sofa for at least 3 months which I do not find acceptable.
The sofa originally arrived in the wrong colour and a replacement might not be the same colour as the rest of the suite. This would not be acceptable. I wouldn't want to wait 3 months to receive a sofa that is a different colour to the others.
The suite was a single purchase and what we paid for was faulty and not fit for purpose.
I'm really reluctant to accept another repair or replacement but the retailer is not giving me any option. What can I do?
0
Comments
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Hello,
I am writing to ask for advice on my consumer rights as it relates to a 3 piece suite I purchased. Shortly after receiving the sofa a fault developed which the retailer repaired. Less than a year later the repair has failed and the sofa is broken in the same place again. After having had a difficult time dealing with the retailer every time I've had to raise an issue with them, the sofa initially arriving in the wrong colour, and the amount of time the sofa has been unusable whilst awaiting repairs I feel that a full refund is the only acceptable course of action now. I would like to understand whether I am entitled to get a refund and how I might go about achieving that given that the retailer is not offering to do so.
Here are the facts:
* Placed a deposit on a credit card of £790.00 on 29th March 2015 for a 3 piece suite. This includes a 3-seater, 2-seater, and a 1-seater.
* Paid remainder of balance, £3,110.00 on the same credit card on 24th July 2015.
* The sofa arrived nearly 6 weeks late on 30th July 2015.
* The sofa arrived in the wrong colour (brown instead of black). We rang to complain but in the end did not take this any further primarily because we did not want to be without a 3 piece suite potentially for many more months to come.
* On 20 September 2015, 7 weeks after delivery, we discovered that one of the legs was loose on the 2-seater, and couldn't be used. The leg hadn't come unscrewed, the frame itself where the leg fits into was actually broken.
* On 22 September 2015 someone from the retrailer came out to look at this and discovered a small crack in the frame where the leg fits. The retailer say they spoke to their supplier who appointed a technician (24 September) to contact us.
* The technician called out on 28 September 2015 to inspect the damage.
* The same technician called out on 7th October 2015 to carry out a repair.
* During this period the sofa was out of use for two and a half weeks.
* On 20th April 2016 we noticed that the same leg looked odd and was once again pushed out. It looks like the same problem as before.
* On 21st April 2016 my partner called to make a further complaint. She was told we had to email.
* On 21st April 2016 I emailed.
* On 25th April I followed up with the same email after having no response.
* On 26th April I finally received a response along the lines of
Your email has been sent on to the manufacturer for their observations.
We will contact when we hear how they wish to proceed.
* On 26th April I emailed to say I was not interested in what the manufacturer had to say and it was the responsibility of the retailer to put things right. I requested a full refund of £3,900 on the basis that the goods were not fit for purpose and this constituted a breach of contract under the Sale of Goods Act.
* On 26th April I received a further reply:
You now claim that the sofa had failed again in the same place which seems highly irregular, though not impossible, and are now demanding a full refund quoting "The Sales of Goods Act"
However, as we understand it, you had the sofa, as previously stated, some weeks before reporting a problem, and now some months (9) before reporting further issues. We therefore believe that you are no longer legally in a position to reject the sofa in question, let along the other items that are not "faulty".
As it is more economical for us to repair the sofa, particularly as it is still covered by the manufacturers guarantee, than replace it (cost £1580), we have the right to choose this option and can carry out an effective repair, if we so desire. That is why we said we were contacting the manufacturer.
We would therefore be grateful if you could confirm that this is how you wish to proceed.
At this stage I do not wish to accept a second repair as I believe the frame is broken and cannot simply be patched up. The first attempt to repair has failed and I do not wish to find myself dealing with this situation again in another years time when my rights are likely to have diminished further.
My main arguments for wanting a full refund over a repair or replacement are:
The repair failed once so is likely to fail again. In any case the repaired item is clearly not 'as good as a sofa that didn't have a broken frame'
Accepting a replacement would leave us without the sofa for at least 3 months which I do not find acceptable.
The sofa originally arrived in the wrong colour and a replacement might not be the same colour as the rest of the suite. This would not be acceptable. I wouldn't want to wait 3 months to receive a sofa that is a different colour to the others.
The suite was a single purchase and what we paid for was faulty and not fit for purpose.
I'm really reluctant to accept another repair or replacement but the retailer is not giving me any option. What can I do?
Not what you want to hear, but the retailer is perfectly correct in their explanation of the Sales of Goods Act and what they legally have to offer.
You can request a refund, repair or replacement, however legally the retailer can choose the most cost effective option.
Technically asits over 6 months old, they could require you to get an independent report to say that the fault is an inherent one. If this was the case, they would have to refund the cost of the report along with providing a remedy.
I'd also drop the issue of the wrong colour sofa being delivered. You had the opportunity to deal with this at the time, but instead decided to accept and keep the one they sent.0 -
Love it when people bullet point. So much easier to address!
Here are the facts:
* Placed a deposit on a credit card of £790.00 on 29th March 2015 for a 3 piece suite. This includes a 3-seater, 2-seater, and a 1-seater.
* Paid remainder of balance, £3,110.00 on the same credit card on 24th July 2015.
Ok so you have protection. Good.* The sofa arrived nearly 6 weeks late on 30th July 2015.
For the item ordered I would not expect speedy delivery. I think 6 weeks is borderline ok.* The sofa arrived in the wrong colour (brown instead of black). We rang to complain but in the end did not take this any further primarily because we did not want to be without a 3 piece suite potentially for many more months to come.
Only took 6 weeks to source the item initially, so I am not sure where "many more months to come" comes from..
That aside, therein lies your chance to pursue the wrong colour issue.* On 20 September 2015, 7 weeks after delivery, we discovered that one of the legs was loose on the 2-seater, and couldn't be used. The leg hadn't come unscrewed, the frame itself where the leg fits into was actually broken.
* On 22 September 2015 someone from the retrailer came out to look at this and discovered a small crack in the frame where the leg fits. The retailer say they spoke to their supplier who appointed a technician (24 September) to contact us.
* The technician called out on 28 September 2015 to inspect the damage.
* The same technician called out on 7th October 2015 to carry out a repair.
3 visits in the space of 3 weeks, two of which were within 7 days. Not too shabby!* During this period the sofa was out of use for two and a half weeks.
So did that mean you sat on the floor, or on one of the other pieces of furniture?* On 20th April 2016 we noticed that the same leg looked odd and was once again pushed out. It looks like the same problem as before.
ok so a good 6 months usage before this fault developed again! Cool. At this point your SOGA rights have gone down a bit.* On 21st April 2016 my partner called to make a further complaint. She was told we had to email.
* On 21st April 2016 I emailed.
* On 25th April I followed up with the same email after having no response.
* On 26th April I finally received a response along the lines of
Your email has been sent on to the manufacturer for their observations.
We will contact when we hear how they wish to proceed.
Ok cool, so the manufacturer has been involved to see if issue is inherent etc. Sounds like you are on the right track.
[quotr]
* On 26th April I emailed to say I was not interested in what the manufacturer had to say and it was the responsibility of the retailer to put things right. I requested a full refund of £3,900 on the basis that the goods were not fit for purpose and this constituted a breach of contract under the Sale of Goods Act.[/quote]
Why are you entitled to a full refund?
From my understanding 1 out of 3 items are 'faulty' (3 seater, 2 seater and 1 seater) and you've had roughly 1 year's usage out of it. There is no way in hell that you are entitled to a full refund and you've just dropped the ball!* On 26th April I received a further reply:
Ok cool, same day email. Good service (contrary to the above part where you allegedly sent them an email; surprised they wouldn't have sent a holding email so that's maybe one instance up to now of their bad customer service, or maybe your email didn't send?)You now claim that the sofa had failed again in the same place which seems highly irregular, though not impossible, and are now demanding a full refund quoting "The Sales of Goods Act"
It is irregular, though not impossible! Such a good phrase!However, as we understand it, you had the sofa, as previously stated, some weeks before reporting a problem, and now some months (9) before reporting further issues. We therefore believe that you are no longer legally in a position to reject the sofa in question, let along the other items that are not "faulty".
You can reject it after "some months (9)" if you provide a fault report which shows inherent issue! But you have no right to just willy nilly reject it without proof after 6 months.
Also, their very last bit relates to what I said earlier; YOU AREN'T ENTITLED TO A REFUND FOR ITEMS WHICH HAVE NO INHERENT FAULT! The 1seater and 3 seater are fine, so jog on! Plus you've had 9 month's use.... it aint a free rental service
As it is more economical for us to repair the sofa, particularly as it is still covered by the manufacturers guarantee, than replace it (cost £1580), we have the right to choose this option and can carry out an effective repair, if we so desire. That is why we said we were contacting the manufacturer.
OOH they mentioned a warranty! Sounds like they are invoking a manufacturer warranty here which isn't the same as SOGA! Be wary of that, because your rights under a warranty would be different.
Plus, even under SOGA they can attempt a few repairs before offering a replacement or a (partial) refund.We would therefore be grateful if you could confirm that this is how you wish to proceed.
At this stage I do not wish to accept a second repair as I believe the frame is broken and cannot simply be patched up. The first attempt to repair has failed and I do not wish to find myself dealing with this situation again in another years time when my rights are likely to have diminished further.
Rights will be the same for up to 6 years after. The warranty may even still be in place. A second repair is not an unreasonable number of attempts.My main arguments for wanting a full refund over a repair or replacement are:
The repair failed once so is likely to fail again. In any case the repaired item is clearly not 'as good as a sofa that didn't have a broken frame'
That is "not fit for purpose", but sadly your sofa IS fit for purpose otherwise you wouldn't have used it for 9 months in between faults!Accepting a replacement would leave us without the sofa for at least 3 months which I do not find acceptable.
Do you not use the 3 seater and 1 seater? Engage brain
Even so, it took 6 weeks last time. Where did you pull the 3 months from?The sofa originally arrived in the wrong colour and a replacement might not be the same colour as the rest of the suite.
And you didn't kick off at the time, so were deemed to be happy to have it.This would not be acceptable. I wouldn't want to wait 3 months to receive a sofa that is a different colour to the others.
Again, 6 weeks it took!The suite was a single purchase and what we paid for was faulty and not fit for purpose.
Don't confuse me:for a 3 piece suite. This includes a 3-seater, 2-seater, and a 1-seater.I'm really reluctant to accept another repair or replacement but the retailer is not giving me any option. What can I do?
Get an independent fault report and take them to small claims court when your report shows that it was inherent. You can then claim back X amount for ONE of the 3 piece suites MINUS depreciation for the 9+ months usage you have had. You'll get the fault report refunded though.
You won't get anywhere near a full refund. I can promise you that.0 -
The sofa arrived six weeks late according to the OP not after six weeks hence the three months. Ordered in March and delivered in July according to the easy bullet points.1
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The sofa arrived six weeks late according to the OP not after six weeks hence the three months. Ordered in March and delivered in July according to the easy bullet points.
It was actually over 4 months. (or 17 weeks and 3 days to be precise).
Ordered on the 29th March and finally delivered on the 30th July0 -
You can reject it after "some months (9)" if you provide a fault report which shows inherent issue! But you have no right to just willy nilly reject it without proof after 6 months.
Also, their very last bit relates to what I said earlier; YOU AREN'T ENTITLED TO A REFUND FOR ITEMS WHICH HAVE NO INHERENT FAULT! The 1seater and 3 seater are fine, so jog on! Plus you've had 9 month's use.... it aint a free rental service
Bad advice - you are not entitled to reject just because there is an inherent fault. An inherent fault means you are entitled to a remedy (repair, replacement, refund) not necessarily a refund. As the retailer isn't willing to refund or replace, you are only entitled to a repair.
Don't waste your time and money getting a report - the retailer is already upholding all of their requirements.0 -
I might be wrong but I get the feeling that someone had been out for a few drinks before posting on this thread?0
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I thought the retailer explained it perfectly.
OP, why do you think you are entitled to a full refund when 2/3 of your order is in perfect working order, and you have had 9 months use, most likely more when it is repaired, out of the two piece?
Consumer rights are supposed to be fair to both consumer and retailer, unfortunately your interpretation of them are incorrect.0 -
Bad advice - you are not entitled to reject just because there is an inherent fault. An inherent fault means you are entitled to a remedy (repair, replacement, refund) not necessarily a refund. As the retailer isn't willing to refund or replace, you are only entitled to a repair.
Reject in this context (and in mirroring the language of retailer) meant precisely what you said. So good advice.Don't waste your time and money getting a report - the retailer is already upholding all of their requirements.
That is true, and even with a fault report in this circumstance (something I Didn't elaborate on) small claims may not be happy with you for rejecting their offer of repair AND you may end up with a repair anyway! So THAT part of my post may have been bad advice.
Good luck OP.0 -
Thanks to all those who provided helpful and insightful comments..
It looks like the balance of favour is tipping towards the retailer on this one and I'll have to accept the repair.
I guess I expected more from what I considered to be a premium product, a useful life of 10 years at least. It seems that is not always the case, you're not guaranteed to get what you pay for!
Any thoughts on how this would be different if the sale had been protected by the consumer goods act?
Which? says this about the Consumer Rights Act:The Consumer Rights Act introduces:
Failed repairs After one failed attempt by the retailer to repair or replace a faulty item, you're entitled to ask for a refund or price reduction.
Would I have been correct to demand a refund in this case?0 -
Thanks to all those who provided helpful and insightful comments..
It looks like the balance of favour is tipping towards the retailer on this one and I'll have to accept the repair.
I guess I expected more from what I considered to be a premium product, a useful life of 10 years at least. It seems that is not always the case, you're not guaranteed to get what you pay for!
Any thoughts on how this would be different if the sale had been protected by the consumer goods act?
Which? says this about the Consumer Rights Act:
Would I have been correct to demand a refund in this case?
That act came into force in October so is not relevant to your situation as it is not retrospective.0
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