Items bought from shop floor now faulty

Kb28

Hi all, I'm a newbie, looking for advice on the possible replacement of goods bought from the shop floor.

In April, we bought a dining table and six chairs from Barker and Stonehouse. They were on display on the shop floor as a job lot for £1299. They were delivered to us at the end of June and have since developed a fault- basically, the end sections (kind of an extension) no longer line up with the main body of the table.

I wrote to B&S and they sent a man out to check it who confirmed that it was faulty and put in a report saying so and that we would like a replacement table.

B&S have now phoned to say that, because we bought it from the shop floor it cannot be replaced, although they will give us £25 for the table (which they claim we only paid £200 for- it was not broken down as individual items- if it had been, we would have bought 6 brand new chairs which would have been 'perfect' instead of slightly scuffed as ours are). They have said that they will pass the matter onto the shop we bought it from who will call to discuss options, including returning it all.

I have three main questions please...

1- are we entitled to a replacement? We have photographs of the item in store, showing that the fault was not apparent on purchase, and at no point were we told that items could not be replaced in this scenario. My assertion is that we were sold the table without this problem and therefore our consumer rights should not be affected???

2- in the event that we choose to return the items, would we get all of our money back, including £400 deposit and a credit agreement of nearly £1400, which included two additional chairs and an accident protection plan? We have alrady paid nearly £260 in credit, so would we also get this money back?

3- re the table being sold for £200- where do I go with this? Our receipt simply says table and six chairs for £1299. In all likelihood, if the table had been on offer on its own for £200 we would have just had that (the chairs are not the exact ones we would have chosn given free choice) it was not, however, so I feel that "keep the table and get £25 back for it" is a major p-take.

We really want to fight for a replacement table though, so am hoping someone can help with that issue in particular.

Many thanks in advance.

Kb28

It says "shopfloor"

Kb28

It wasn't ex display it was a refused delivery...

Kb28

Shop have now phoned too- they had been instructed to contact me to arrange collection. The lady from customer services and I had not agreed it would be collected- she suggested that I needed to speak to the shop itself to sort it out.

Lady from actual shop did not sound happy about this and has referred it back to customer services to come to an actual agreement with me!

Kb28

So you don't think the photos of the item in store, which clearly show no problem with the corners which now have issues, would be proof enough?

Thanks for responding!

naedanger

Kb28 wrote: »

1- are we entitled to a replacement? We have photographs of the item in store, showing that the fault was not apparent on purchase, and at no point were we told that items could not be replaced in this scenario. My assertion is that we were sold the table without this problem and therefore our consumer rights should not be affected???

No you are not entitled to a replacement. You are entitled to a repair, replacement or partial refund at the retailer's choice. If they offer a refund then they can make a deduction for the use you have already had. (In my view any deduction should be minimal since dining room furniture should last a long time so you have had only a very short proportion of the expected usage.)

2- in the event that we choose to return the items, would we get all of our money back, including £400 deposit and a credit agreement of nearly £1400, which included two additional chairs and an accident protection plan? We have alrady paid nearly £260 in credit, so would we also get this money back?

Assuming the shop agree to collect all the furniture and then refund you, then my guess is you should get nearly all the money you have already paid back. They can make a deduction for the usage you have had and perhaps for the interest element of the credit agreement for the period you have had the furniture in a non faulty condition.

3- re the table being sold for £200- where do I go with this? Our receipt simply says table and six chairs for £1299. In all likelihood, if the table had been on offer on its own for £200 we would have just had that (the chairs are not the exact ones we would have chosn given free choice) it was not, however, so I feel that "keep the table and get £25 back for it" is a major p-take.

Sounds like a major p-take to me too. If you cannot agree a value then you are in dispute, and ultimately you may need to take it to court to decide. (However see below re your credit agreement and how to complain.)

We really want to fight for a replacement table though, so am hoping someone can help with that issue in particular.

In theory you are entitled to be in the same financial position as you would have been had the shop not breached your contract by supplying a faulty table. (I am assuming the shop is not disputing the table was faulty.) So if they won't repair or replace the table you are entitled to the amount needed to obtain a similar replacement table elsewhere. (In practice it might be difficult agreeing a value as the table was not brand new, but a returned, or shopfloor, table.)

Credit Agreement. I suggest you read the credit agreement carefully. Was the credit provided by a separate financial company? If so then you should be able to complain to that company, and probably to the independent Financial Ombudsman Service (which should be easier than taking the matter to court). I suggest you check your credit agreement and post the name of the credit company here.

If I was negotiating with them I would clearly state the minimum that I would accept as a refund for the table alone if they were unwilling to repair or replace it. If that was not acceptable to them then I would expect to return the lot for a full refund. Otherwise I would either complain to the credit card company or take the matter to the small claims court. (Obviously you need to consider what you would actually do if they don't agree. If you are unprepared to take any action you are in weak position.)

wealdroam

naedanger wrote: »

No you are not entitled to a replacement. You are entitled to a repair, replacement or partial refund at the retailer's choice. If they offer a refund then they can make a deduction for the use you have already had. (In my view any deduction should be minimal since dining room furniture should last a long time so you have had only a very short proportion of the expected usage.)


Assuming the shop agree to collect all the furniture and then refund you, then my guess is you should get nearly all the money you have already paid back. They can make a deduction for the usage you have had and perhaps for the interest element of the credit agreement for the period you have had the furniture in a non faulty condition.

Sounds like a major p-take to me too. If you cannot agree a value then you are in dispute, and ultimately you may need to take it to court to decide. (However see below re your credit agreement and how to complain.)


In theory you are entitled to be in the same financial position as you would have been had the shop not breached your contract by supplying a faulty table. (I am assuming the shop is not disputing the table was faulty.) So if they won't repair or replace the table you are entitled to the amount needed to obtain a similar replacement table elsewhere. (In practice it might be difficult agreeing a value as the table was not brand new, but a returned, or shopfloor, table.)

Credit Agreement. I suggest you read the credit agreement carefully. Was the credit provided by a separate financial company? If so then you should be able to complain to that company, and probably to the independent Financial Ombudsman Service (which should be easier than taking the matter to court). I suggest you check your credit agreement and post the name of the credit company here.

If I was negotiating with them I would clearly state the minimum that I would accept as a refund for the table alone if they were unwilling to repair or replace it. If that was not acceptable to them then I would expect to return the lot for a full refund. Otherwise I would either complain to the credit card company or take the matter to the small claims court. (Obviously you need to consider what you would actually do if they don't agree. If you are unprepared to take any action you are in weak position.)

It should be noted that Section 24 of The Consumer Rights Act does not allow for a reduction of the refund amount due to use during the first six months following the sale.
It is still less than six months since the OP took delivery of the items.

Kb28

Thank you so much for your helpful and reassuring responses.

I believe, following the second conversation with the local shop, that we would be refunded for the purchase but would have to continue paying the credit agreement- so effectively, they would give us £1795 to our bank, and we would continue to pay the credit agreement till it ran out in 2018- unless we could repay it early which I will look into.

We are okay with this as long as we are refunded the whole amount, including accident protection and delivery costs. Does anyone know if there is any reason why they might not give us the full amount? Could they argue that we only deserve to be refunded the costs of the actual goods? This would be about £180 less.

Thanks

bris

Your rights also lie with the finance co, you will be put back in the same position as you started. The shop may not have to pay the interest but the finance co will as they are equally to blame.


I don't see why the shop is saying the finance will continue, did the shop arrange the finance for this purchase? it should be cancelled and all monies returned if so.

Kb28

It's 0% interest if that makes a difference...

Kb28

Not not to my liking at all- I really appreciate your input. Thank you.