Marks and Spencer Sofa Problems

dav8t

Hi,

I am looking for advice on our rights concerning a sofa purchased online from M&S.

The sofa was purchased in October 2016 and Delivered in January 2017. Initially we were thrilled with the sofa - comfortable, smart, exactly what we wanted from the room. RRP= £1799.

We started to notice the sofa loose shape with cushions rising up and bending out of shape when you sit, a significant amount of creasing and sagging of the back cushions and the back cushions have lost firmness and support. Consequently there is (a) an aesthetic issue and (b) a comfort issue. Of course we have tried beating the cushions, pressing them, rolling them etc. but the cushions just loose their shape again within a few hours again.

The problem deteriorated slowly over time and eventually we decided that it was a significant problem that needed fixing so we contacted M&S in early November 2017. They organised for a technician from FIRA to carry out a visit. When he arrived (mid-December) he took a quick look at the sofa and concluded that there was no problem that could not be addressed by some more 'plumping', 'dressing' and rolling. He did plumping of one of the cushions, took photos and wrote up a report demonstrating how plump the cushion was after his efforts. He recommended daily rolling of all cushions and a more intensive plumping exercise done monthly where all 10 cushions would be removed from their covers and vigorously 'plumped' and reinserted into the covers. He invited us to sign the report stating that we agreed that there was now no problem, but we declined.

I explained that I felt the plumping was only covering up an underlying issue with the poor quality of the filling. He told me that he was not interested in comments on quality. As long as no manufacturing defect had been identified, he felt that M&S were no longer responsible for the matter but suggested that we could obtain quotes from companies who would put in some better filling if we wanted that.

I called M&S and they offered a re-checking of the written report, done remotely by a FIRA supervisor but that would be the end of M&S's procedures and if we were still unhappy we would need to seek external redress, such as through an ombudsman or the courts.

Currently we are waiting on the FIRA report rechecking (which I fully expect will be a rubber stamping of the initial report), so assuming there is no change in FIRA's position we will need to try and seek redress through the 'furniture ombudsman' or through the courts. Does anyone have any experience in using a 'furniture ombudsman'? (Who are they? I can't believe they exist! Do they do anything effective for consumers? Presumably funded by industry and thus not particularly impartial ... ) And as for the courts, where do we stand legally with consumer legislation etc. ?

sheramber

https://www.thefurnitureombudsman.org/

pinkshoes

It does make me laugh when they expect you to plump up the cushions on a daily basis!!! Sofas are supposed to be RELAXING, not a chore!!

I would be looking ta getting your own independent report done from a furniture expert.

I have an M&S leather sofa. It is 10+ years old and has NEVER needed the cushions plumping! Nor has any other sofa I have ever owned!

BorisThomson

sheramber wrote: »

https://www.thefurnitureombudsman.org/

Are the same people as FIRA

photome

BorisThomson wrote: »

Are the same people as FIRA

And are paid for by the retailers I believe so not exactly independent

neilmcl

pinkshoes wrote: »

It does make me laugh when they expect you to plump up the cushions on a daily basis!!! Sofas are supposed to be RELAXING, not a chore!!

Kind of depends on what type of sofa it is and the filling of the cushions. If you have, for example a cushion back sofa with down filled cushions then yes I'd expect to plump the cushions on a regular basis. Foam or poly filled cushions not so much.

sheramber

photome wrote: »

And are paid for by the retailers I believe so not exactly independent

FIRA is
The Association is a unique, not-for-profit membership-based organisation, run by the furniture industry for the furniture industry.

but the ombudsman is a different independent service

We are an independent, not-for-profit organisation set up in 1992 to deal with and resolve disputes between consumers and traders in the retail, furniture, and home improvement industries. Our Alternative Dispute Resolution (ADR) services are free of charge for consumers and we work hard to ensure we reach an outcome that is fair for both parties. Our service is designed to help our members understand their obligations to consumers and equip them with the skills needed to fairly resolve customer complaints on their own. The Furniture Ombudsman is approved by the Chartered Trading Standards Institute, is a member of the Ombudsman Association, and works closely with the following professional bodies.

dav8t

Thanks guys! Still at a loss what to do next though.

To answer some of the comments above - our seat cushions are filled with a triple layer of foam. The back cushions are filled with a synthetic material not too unlike cotton balls, packed full to give a firm-ish effect.

I found this Guardian article from a few years ago

https://www.theguardian.com/money/2011/dec/02/complaint-new-furniture

FIRA and the ombudsman seem to be overlapping organisations and FIRA markets itself to furniture sellers as a service to keep returns rates down ...

Any thoughts on a legal route? Maybe getting an independent report done and small claims court? Anyone with experience?

dav8t

Lots of comments online (here and in other forums) of customers with M&S sofas holding tough for decades! Makes me wonder if they have been cutting corners more recently

photome

sheramber wrote: »

FIRA is
The Association is a unique, not-for-profit membership-based organisation, run by the furniture industry for the furniture industry.

but the ombudsman is a different independent service

We are an independent, not-for-profit organisation set up in 1992 to deal with and resolve disputes between consumers and traders in the retail, furniture, and home improvement industries. Our Alternative Dispute Resolution (ADR) services are free of charge for consumers and we work hard to ensure we reach an outcome that is fair for both parties. Our service is designed to help our members understand their obligations to consumers and equip them with the skills needed to fairly resolve customer complaints on their own. The Furniture Ombudsman is approved by the Chartered Trading Standards Institute, is a member of the Ombudsman Association, and works closely with the following professional bodies.

who pays for them?

If its the retailers, which I believe it is, then they are not independent

askmeaboutsofas

Get an independent report from another company, either a local upholstery firm who can produce a report for you or someone like Homeserve Furniture Repairs (people we've used and recommend) or Castellan. It should cost about £120 including VAT. If you didn't pay with finance or credit card, small claims court would be a good bet.
Daily plumping would be a reasonable recommendation for a high maintenance filling, like feathers. But not for foam and fibre, that's just silly.
I can't recommend the furniture ombudsman, the only contact I've had was when they called to try and sell their services.