damaged sofa - refused responsibility

JJ_Egan

Hole could be either but far more likely to be damage .

If you send the item back charged for or not and they say sorry its damaged you pay for us to ship it back .
Probably better to get an independent report to prove its as you claim . If it is delivery damage then yes its to late to prove who is the culprit .

Justaboutmanaging_2

I rang the Citizens Advice Bureau consumer helpline and got excellent advice.

They said i AM covered by the 2015 Consumer rights Act, that the company is liable for damage during delivery as they arranged the delivery and i paid through them for it. They also told me i would be arguing the good were 'not of satisfactory quality' as they either came with a hole or have easily had a hole come about so soon after buying.

They said that as its under 6 months the onus is on the company to prove the damage/hole wasn't there after delivery. They could do this by showing me a delivery note signed by me saying the sofa was ok. I cant remember if i signed one, but if i did then i cant pursue it further. If they cant prove it then they must repair or replace at their cost, not mine, including pick up and delivery.

I have written this update for the interest of anyone in a similar situation, as the advice i got here was
1. wrong and
2. mainly rude

marliepanda

Justaboutmanaging wrote: »

I rang the Citizens Advice Bureau consumer helpline and got excellent advice. (they told me what I wanted to hear)

They said i AM covered by the 2015 Consumer rights Act, that the company is liable for damage during delivery as they arranged the delivery and i paid through them for it (prove it was during delivery 2 months ago then...). They also told me i would be arguing the good were 'not of satisfactory quality' as they either came with a hole or have easily had a hole come about so soon after buying. Its damaged, it hasnt come apart at the seams! You could have hacked at it with a bread knife for all the CAB know

They said that as its under 6 months the onus is on the company to prove the damage/hole wasn't there after delivery They have to prove that in all likelyhood it wasnt there. After 2 months, easy! Why on earth didnt you notice it.... oh wait you did.. They could do this by showing me a delivery note signed by me saying the sofa was ok. I cant remember if i signed one, but if i did then i cant pursue it further. That is absolutely NOT their only protection... The fact youve had it for 2 months without a peep is a massive clue also

I have written this update for the interest of anyone in a similar situation, as the advice i got here was
1. wrong and
2. mainly rude
3. Not what I wanted to hear

No it wasnt.

All of what the CAB said is wrong. Theres a hole in it, which you noticed after 2 months. The company is within their rights to make you prove that it wasn'tWAS (typo) like that when it arrived at your house, as most people would spot a massive hole (which in fact your husband did) but unlike your husband, actually say something about it.

For all the company knows, you could have done that yourself, and it doesnt matter what the CAB say.
People do damage items, and they cannot just do that without worry in the first 6 months as you seem to suggest.

Its damaged. They can make you prove you didnt do it in the 2 months you have had it.

Come back when they roll over and take the CAB word over the actual law

Nodding_Donkey

What are the chances of the delivery company not getting proof of delivery?

bris

Would anyone really not say, "oh by the way this new sofa has a big hole in it". Seems pretty strange to me so I suppose they are thinking the same way.


Your rights don't actually count for accidental damage, home insurance might be your best bet.

Justaboutmanaging_2

bris wrote: »

Would anyone really not say, "oh by the way this new sofa has a big hole in it". Seems pretty strange to me so I suppose they are thinking the same way.


Your rights don't actually count for accidental damage, home insurance might be your best bet.

Thanks for the reply. i hadn't thought about home insurance.
I couldn't see the hole, which is not big, as the sofa was pushed up against the far side of the room on delivery. Its very heavy and i am disabled so not able to move it, hence i didn't spot it. A friend pointed it out to me. As its been against the far side of the room i cant see how the accidental damage happened, if in fact it was accidentally damaged in my house.

Justaboutmanaging_2

marliepanda wrote: »

Also, as stated, if YOU contracted the delivery company and not the sofa seller, then it’s not on them for delivery damage anyway...

I did not contract them. The sofa company contracted them for me. They arranged it and i paid the sofa company directly for the sofa and for the delivery.