Who do I sue?

givememoney

To cut a long story short we bought some sofas from a well known high street store. We took out insurance.

When they were 1 year and 8 months old we contacted the insurance co. because the seats were sinking and a recliner made a nasty rasping noise.

They were mended along with another seat that was also broken that we didn't realise. Approx. 6 weeks later 2 of the repairs broke and when the chap finally turned up another one on the second 2-seater sofa had broke.

We refused another repair as the high store advised us to. In the meantime the third repair has broken and another spring is poking through the bottom of one seat.

The insurers say they can keep on repairing them till the cows come home or till the 5 years are up on the insurance.

We are not happy and think £2,500 is enough to spend on sofas and expect them to last longer than 1 year 8 months we want our money back.

My question is, if we go to a small claims court who do we sue the high street store who sold them or the insurance co who say they will pay for new sofas if they think it warrants it but in our case no.

dmg24

You really did not need to take out insurance for such a purpose (except for accidental damage, which would not be covered by SOGA).

Under the Sale of Goods Act, the item purchased must be fit for purpose and durable (i.e. must last a reasonable length of time). I do not believe that 1 year 8 months is a reasonable length of time (I have a £300 Ikea sofa that is still going strong after four years!).

Your rights under SOGA are with the retailer, not the insurance company. Therefore, if they are not willing to offer you a suitable solution, you would need to take action against them.

After a length of time the retailer has the option as to whether to offer a (proportionate) refund, replacement or repair. I would be inclined to say that after three repairs you should be offered a replacement or refund (though this is unlikely to be for the whole amount), however what would be considered reasonable in the circumstances can only really be decided by the court.

givememoney

Thanks dmg

We were thinking of the financial ombudsman firstly as they say you can try them first before a court case but not after.

Do you have any experience with them at all?

noh

Its not a financial matter.
You need to contact your local Trading Standards office for advice.
http://www.direct.gov.uk/en/RightsAndResponsibilities/DG_10015892

Nigel

dunstonh

Financial ombudsman cannot be involved at this stage as your complaint would have to be against the insurance company and you would have to have gone through their complaints process first. As has been mentioned, the retailer is the one you need to deal with here.

givememoney

Dunstonh

I couldn't see what you meant at first, I think I see what you mean now, the FO is only for insurance companies and not retailers....am I right?

If this is the case, is the only way forward to take them to court or is there some sort of letter I could send which might make them sit up and take notice.

givememoney

Another thing please if I go to the small claims court how much will it cost me?

noh

Your complaint is against the retailer under the sale of goods act. As I said above your first step should be to contact your local trading standards office for advice. If you do need to go to court trading standards will advise. You would probably be able to use the small claims procedure at MCOL all info here:-
http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

Nigel