Loss of consumer rights on HP account

TheGardenGnome

Hi, folks!

I've got a corner sofa suite on a HP agreement with a local retailer and the suite is faulty. As the suite cost the fat end of £2000 and was sold as being leather (not leather faced) and the leather is now coming away in chunks, I contacted the company to request a replacement as the goods are not of merchantable quality as I don't expect a £2000 sofa to be falling apart in two years. It's not been abused by children, pets or even us.

The company has said that because my account with them is in arrears but reduced payments are being made, they are not going to honour any obligations under The Consumer Rights Act. Is this legal and if not, how do I do about telling the retailer to sort a replacement suite out?

cono1717

I don't believe it is legal - is the finance through them? If not start a section 75 claim with the finance company

marliepanda

Its probably a murky one. Youve already defaulted on your agreement on the first sofa they gave you, so the likelyhood of them giving you another sofa is low.

They could take further action as you are not fulfilling your contract to pay them

TheGardenGnome

cono1717 wrote: »

I don't believe it is legal - is the finance through them? If not start a section 75 claim with the finance company

Yes, the finance is with the retailer. We've had an account with them for a decade or so but the sofa is around two years old and still being paid for.

TheGardenGnome

marliepanda wrote: »

Its probably a murky one. Youve already defaulted on your agreement on the first sofa they gave you, so the likelyhood of them giving you another sofa is low.

They could take further action as you are not fulfilling your contract to pay them

I'm fulfilling the contract, albeit at a lower rate than was originally agreed as our circumstances changed unexpectedly and with their blessing. As a long standing customer with an otherwise acceptable relationship with the retailer, they were happy to accept reduced payments.

The question is whether or not they can refuse to honour consumer law on the basis that my account is in arrears? If yes, at what point does that exemption kick in - 1 missed payment, 5 missed payments?

marliepanda

TheGardenGnome wrote: »

I'm fulfilling the contract, albeit at a lower rate than was originally agreed as our circumstances changed unexpectedly and with their blessing. As a long standing customer with an otherwise acceptable relationship with the retailer, they were happy to accept reduced payments.

The question is whether or not they can refuse to honour consumer law on the basis that my account is in arrears? If yes, at what point does that exemption kick in - 1 missed payment, 5 missed payments?

You could take them to court to get your consumer rights, which could include a refund which a) could be reduced by your 2 years usage and b) may not cover what you still owe on the suite, so you could be left with no suite and still owing money.

Taking them to court may cause them to do the same to you due to you missing your contractual payments, assuming you did not actually create a new 'lower payment' contract and this has all been good will...

molerat

If you have defaulted on the agreement then the only consumer right you have lost is the right to VT the agreement. Any other rights re merchantable quality etc still stand but, beyond 6 months from purchase, it is up to you to prove the fault is inherent.

timbstoke

Do you have that refusal in writing, and is the retailer big enough to have a head office? Hopefully, the answer to both of those is "yes" - if it is, your next step should be to give their head office a call and ask to speak to somebody in their legal department. Tell them that you have a letter from one of their stores telling you that they "will not be fulfilling their obligations under the Consumer Rights Act". Be friendly and polite, and have a copy of the email (or a scanned copy of the letter) ready to forward onto them.

Make it clear that all you want is your sofa fixing/replacing, but since your local branch has shown complete contempt towards your statutory rights, you thought it better to notify somebody with basic knowledge of consumer rights so they can be advised to stop digging before the hole they've dropped themselves in gets too deep. Again, remain friendly and keep a "let's just get this sorted" tone throughout.

You'll probably have a call from the branch manager with a flea in his ear within the hour.

marliepanda

timbstoke wrote: »

Do you have that refusal in writing, and is the retailer big enough to have a head office? Hopefully, the answer to both of those is "yes" - if it is, your next step should be to give their head office a call and ask to speak to somebody in their legal department. Tell them that you have a letter from one of their stores telling you that they "will not be fulfilling their obligations under the Consumer Rights Act". Be friendly and polite, and have a copy of the email (or a scanned copy of the letter) ready to forward onto them.

Make it clear that all you want is your sofa fixing/replacing, but since your local branch has shown complete contempt towards your statutory rights, you thought it better to notify somebody with basic knowledge of consumer rights so they can be advised to stop digging before the hole they've dropped themselves in gets too deep. Again, remain friendly and keep a "let's just get this sorted" tone throughout.

You'll probably have a call from the branch manager with a flea in his ear within the hour.

And almost certainly an invoice for the outstanding arrears and a demand to go back to the contracted payments...

They also cannot demand a replacement or a repair, as a refund is possible. ALSO under the CRA they have to prove an inherent fault before the company has ANY legal contractual obligations.

I really dont think a head office approach is best in this situation but, each to their own.

timbstoke

I think any company lawyer seeing a branch so blatantly refusing to fulfil their statutory obligations would see the cost of a repair/replacement sofa as being by far the better option compared to having to explain that letter in court. Since OP is in arrears with payments, I imagine a refund would be just as acceptable if that's what the company decided to offer.

You're right, they can potentially demand the arrears immediately. Anyone can demand anything they like, at any time. If OP is already in an IVA with them, good luck with that. The phrase "blood from a stone" comes to mind.

Gavin83

Do you have children and pets out of interest?

Anyway the finance agreement makes no difference to your consumer rights. However given the age of the sofa it's up to you to prove the fault is an inherent one before they have to take action. They'll be a fee for this but it'll be refunded if it's found to be faulty.