Faulty Debenhams sofa nightmare

CRoke

Hi all,

We're having a nightmare with our Debenhams and our Debenhams sofa :

- Ordered a sofa on 6th Oct 2017 for £945 on a 6 week delivery
- Delivery finally made on December 21st, 5 weeks late, due to "material problems".
- We soon started finding marks all over the sofa. After speaking to Debenhams customer support, we tried dropping a small blob of clean water on it and it formed one of the worst marks - unbelievable:
[I have photos but can't post a link]
We have all sorts of fabric goods and nothing marks like this, not even silk and suede.
- Debenhams technician comes out, states "Its a characteristic of the fabric" and offers to replace the cushion covers and platform (not the arms and back). We decline and request all of the material is changed because it doesn't solve the problem otherwise.
- Following a few more messages, Debenhams tell us the supplier claims we're not following the care instructions but the Debenhams support member says:

I am seeking further advice from the Debenhams furniture team as I am not entirely happy with this explanation, so I am asking them what your options are.

- The final message from Debenhams is

I regret to inform you, no further action will be taken on this occasion, as no manufacturing fault has been found with your 4 seater flat weave fabric 'Chesterfield' sofa.

We are tremendously frustrated. Our old (white) sofa was in better condition after 5 years than this one was after 2 weeks. A sofa shouldn't need cleaning following any contact with water regardless but even the sofa care instructions recommend using a damp cloth to clean it, which is laughable - I've tried.

We've looked at the consumer rights act and see we have a strong case but are unsure how to actually get this moving. Any advice would be much appreciated. We have wasted hours trying to sort this.

CRoke

Debenhams have now escalated this to their furniture trading department, which they say is the highest level. I'm unsure what prompted it given their previous final statement but perhaps it was a post on twitter with photos.

If necessary, I see the RetailADR is recommended for the next step, although the retailer isn't obliged to action its decision, which reduces its value somewhat and makes we wonder about skipping that step.

agrinnall

It's not clear whether you have actually made a formal complaint, if not then you should do that first. If that doesn't get the matter resolved you can send them a Letter Before Action giving them 14 days to respond before you commence a small claims action (use Moneyclaim Online if it gets to this stage).

If you tell us how you paid then we can suggest other options if they are available.

Greta_Sharbo

CRoke wrote: »

If necessary, I see the RetailADR is recommended for the next step, although the retailer isn't obliged to action its decision, which reduces its value somewhat and makes we wonder about skipping that step.

While it sometimes might seem pointless because trader can just say no, if you get to court and you havent attempted any ADR the court might ask you to go back and try it anyway. Always worth asking and letting the trader say no (or not respond) so that you can show the court you have attempted to resolve it every way you could.

CRoke

Thanks for the replies.

Yes, a formal complaint has been lodged.

After a few more messages, Debenhams have offered £100 because we're "unsatisfied with the quality" but this doesn't come close to covering the cost of the sofa. They maintain that they won't do anything further because it's not a manufacturing fault, whilst skillfully avoiding addressing any comments about it not being fit for purpose and unclean-able.

We'll go through the retail ADR (good point above) as a next step because Debenhams have made it clear they won't take it any further now. Then on to the small claims I suppose.

I am shocked at Debenhams selling such terrible quality furniture, although I wouldn't have been if I'd looked at the Trustpilot reviews first.

gimmeabargain

Can I ask where you got with this? We are having a very similar situation with Debenhams with a faulty dining table and are awaiting a manager calling us back. But I’m very sure I will have to take this further.

CRoke

gimmeabargain wrote: »

Can I ask where you got with this? We are having a very similar situation with Debenhams with a faulty dining table and are awaiting a manager calling us back. But I’m very sure I will have to take this further.

Sorry to hear this and for the slow reply - the retailADR terms prohibit discussion about the complaint during proceeding. We bought it online. If you take it to the retailADR then my only advice is that after the recommendation, the retailer has an opportunity to appeal and you cannot see their information until the final decision. This means they can exploit holes in your case, casting doubt, and you cannot input further - make sure your case is water-tight.

CRoke

Following up from the original post, the retailADR's recommendation was strongly in our favour:

We would like to draw attention to part of the report findings as stated below.

“Technician Comment Customer reporting 3.5str has water marks to both seat cushion covers and to the LHS of the platform cover. Customer complaining the fabric seems to mark very easily and leave water marks even if just water. I found there are water marks to the seat cushion cover and platform cover as stated. This may be deemed a characteristic of the fabric. We could fit replacement seat cushion covers and a new platform front border to rectify, however, customer wishes to discuss her options, as this appears to be characteristic of the fabric”.

We do not agree that water marks can be in any way shape or form, regarded as a characteristic of the material, we have also reviewed Debenhams care guide instructions and note the below section.

“Use a clean damp cloth (not wet) and if necessary use a mild cleaning solution. Never use hot water as this can set stains into the fabric. Do not use detergents as these can cause colour loss and leave sticky residues”.

Having considered this information we accept that the customer has followed the care guide instructions and therefore, we do not believe that the suite is of satisfactory quality nor fit for purpose, also considering the legislation in respect of complaints reported in the first 30 days of the item being delivered.

However, Debenhams appealed against this on the basis it's accidental damage and the instructions weren't followed, and the final determination from the retail ADR is the polar opposite with no explanation beyond copying what Debenhams wrote:

Debenhams requested a review of the recommendation as follows:

“We write to dispute the recommendation dated 4th July 2018”.

“You have advised that the product is not of “satisfactory quality” and “not fit for purpose” however there was no fault or damage when the customer received them. The customers subsequent use of the product and apparent failure to follow the care instructions has caused the issue.
...
We must reiterate that at the time that the product was sold to the customer there were no stains or water marks on the products and therefore no fault. The fault, if any, has been caused by the customers use of the product which can only be deemed wear and tear"

After fully reviewing the complaint, I have decided that the further information submitted does warrant a change to the recommendation. The final determination requires Debenhams to:

• Offer no remedy or award and the complaint be dismissed.

We're surprised that the retailADR has done a 180deg turn despite no new evidence or changing of the facts. However, it is interesting that the reports are completed by different people at the retailADR and the second appears to have had much less time and consideration put into it (no reasons or explanations given).

It is clear we need to demonstrate that the marks are from wear and tear, not from accidental damage/spillage, which we can easily evidence.

Does anyone have any thoughts about the above and the financial risk of taking this to a small claims court? I understand the upfront costs but not the worst-case costs for the 'expert opinion' etc.