Consumer rights...sofology help please

Nicci1812_2

Ok
Long story short I purchased 2 sofas in March from sofology over the telephone. (Distance selling as I never physically saw the items). It was financed in 0% by V12.
After some time and more so the reason why being that the 2 sofas were in swore are rooms, I didn't notice until 5 months after purchase when I moved house and both sofas were out in the main living room the one had contrast stitching and one didn't. This is not what I ordered and am paying for. I contacted sofology and have been battling with them since the end of August. They claim I am not entitled to a refund or replacement as the 6 months on the consumer rights act only applies to manufacturing faults. I'm wondering if someone can clarify this for me and give some advice on where I go next with this. I have 2 in matching sofas in my living room and am paying £100 a month for the privilege. Their customer service is disgusting. The best they have offered me is if I pay £200 they will swap one sofa out. Thus is not acceptable in my eyes and the sofas are leather, they'd need to replace both due to the hinds not matching. Please help. I don't know where to turn with this. Thanks for reading.

Nicci1812_2

Also just to add I have already contacted the retail ombudsman who have stated they are unable to deal with my complaint because on previous claims sofology have refused to co operate with them. No shock there.

cono1717

Does your order state anything about the stitching / do you still have a copy of it?

The problem you have quoting the distance selling regulations is that you have a reasonable amount of time to inspect the goods and return them if they are not up to par - the problem is who would deem > 6 months to be reasonable amount of time to notice the stitching?

If it's prominent then it should have been noticed straight away? IF it took 6 months to notice is it all that prominent?

Also you will get nowhere with the retail ombudsman your best bet is the furniture ombudsman.

Nicci1812_2

Hi, thanks for your response. The order states both sofas should have contrast stitching. one was supplied with contrast stitching and one was not. I agree it should have been reported/noticed earlier, however the sofas were in 2 separate rooms, it was only when I moved house and they were put together in the main living room that the difference was apparent. Its quite noticeable, the sofas are dark brown leather and one has bright cream stitching and the other does not. I'm not sure if the distance selling regs apply but surely the consumer rights do? Based on an item not being as described.
It was actually sofology that told me to go to the retail ombudsman, which is ridiculous considering they fail to co operate with them. My understanding is that I have 6 months to report it without having to prove it wasn't something that appeared after delivery (which is impossible anyway) and as long as I am within the 6 months I am entitled to a full refund. I don't want a refund to be honest, I want 2 matching sofas which is what I am paying for. Sofology however claim because it is not a manufacturing fault that the consumer rights do not apply. I don't know where to go with this now and if I should put a claim in the small claims court. the sofas cost me in excess of 2 grand, for 2 non matching sofas. I have to look at it every day and its certainly not fair that I be left to basically have to accept this.

cono1717

Nicci1812 wrote: »

Hi, thanks for your response. The order states both sofas should have contrast stitching. one was supplied with contrast stitching and one was not. I agree it should have been reported/noticed earlier, however the sofas were in 2 separate rooms, it was only when I moved house and they were put together in the main living room that the difference was apparent. Its quite noticeable, the sofas are dark brown leather and one has bright cream stitching and the other does not. I'm not sure if the distance selling regs apply but surely the consumer rights do? Based on an item not being as described.
It was actually sofology that told me to go to the retail ombudsman, which is ridiculous considering they fail to co operate with them. My understanding is that I have 6 months to report it without having to prove it wasn't something that appeared after delivery (which is impossible anyway) and as long as I am within the 6 months I am entitled to a full refund. I don't want a refund to be honest, I want 2 matching sofas which is what I am paying for. Sofology however claim because it is not a manufacturing fault that the consumer rights do not apply. I don't know where to go with this now and if I should put a claim in the small claims court. the sofas cost me in excess of 2 grand, for 2 non matching sofas. I have to look at it every day and its certainly not fair that I be left to basically have to accept this.

Wires are being crossed here. Sofology is right the 6 months thing applies to faults - its within the first 6 months the onus is on Sofology to disprove it's a manufacturing fault. After that the onus falls to you to prove it is.

Here is where you may have some problems - the length of time taken to report it could be seen as acceptance. However sofology haven't delivered their contract (if your contract states for them to bring two sofas with contrast stitching then that is what they need to do).

You need to call them back up and take the name of the person you spoke to - ask them to ensure this is logged as a complaint and that you want it noting in their system as such. As a rule of thumb you have to give sofology a chance to correct their mistake so you have two options.

1) Advise them of the error ask them to look into it and get back to you and keep chasing them up

2) If they refuse outright to change the stitching then you need a letter from them to advise as such - it needs to be on company headed paper (letter is best but emails will suffice I guess) this is known as a deadlock letter you can take this letter to the furniture ombudsman and advise them you are not happy with the resolution of your complaint with sofology - you then leave them to investigate it.

Note their decision isn't the end of the road, you could if you dont like what they say take it to the small claims court but you can't take it to them if you have put it through the court so give them a try first since they are free.

Ultimately you want to be going down the breach of contract angle - weather or not the court / ombudsman would rule against you on the grounds you accepted it after 6 months or not is anyone's guess.

Sofology_help

Hi Nicci


I have come across your post and can see you have some concerns regarding the stitching on your furniture. Please can you contact us directly so we can discuss this further? Our email address is [EMAIL="social.media@Sofology.co.uk"]social.media@Sofology.co.uk[/EMAIL].


Many thanks, Leah

theonlywayisup

Sofology_help wrote: »

Hi Nicci


I have come across your post and can see you have some concerns regarding the stitching on your furniture. Please can you contact us directly so we can discuss this further? Our email address is [EMAIL="social.media@Sofology.co.uk"]social.media@Sofology.co.uk[/EMAIL].


Many thanks, Leah

You need to contact MSE if you want to post on behalf of a company.

[Deleted User]

No one should send any personal details to the E-Mail address provided above, as it has not been verified as legitimate.

cono1717

Oh that also reminded me - you're probably dealing with people at a store level - ask for the head office number before you do my steps above.

Nicci1812_2

Thank you all for your insights.
I've spoke to sofology head office and have it in writing on email that they refuse to do anything.
RE The poster above claiming to be from sofology..I have dealt with numerous people at the customer service department at the head office and also a manager, I won't be dragged into anything further with them just to bang my head against a brick wall. So I won't be contacting that email address.
I logged a complaint with the furniture ombudsman earlier on all your advice. Hopefully they will be able to help me. On another note, don't anyone ever but from sofology! The customer service is shocking!

cono1717

Just an FYI the furniture ombudsman often gives the company a chance to resolve it (DFS used to send emails from Head Office to the store in question asking them to sort it) so don't be surprised if you get a phone call from Sofology.

The reason for this is that if a case is open with the ombudsman it costs the company around £300 (irrespective of the outcome) so often they are keen to solve it amicably without going to the ombudsman.