30 days from date of purchase or delivery?

Brand0

Hi all,

My in-laws have been taken for a ride by a large furniture retailer (not sure I'm allowed to name them here).

Ordered modular corner sofa (May) which when it turned up as expected in August a) was clearly not brand new, and b) the pieces had no way of actually linking together. Effectively the two 'ends' could link to make a 2-seater recliner (which is what they were probably conceived as) but could not be linked with the middle bits - which could not even link together themselves.

Anyway, they agreed to send out a replacement. It has recently arrived (in-laws went abroad for 3 months, hence the timing), but whilst it appears new, the linking problem is exactly the same - literally (i.e. 2 ends can link together only). Company says it will send parts and then an engineer! When my in-laws threatened to stop payment, they were told it was an agreement with a third party.

The same sofa is now available for £1000 less than they paid and they've offered £100 compensation which admittedly my father-in-law (who is old and frustratingly soft) agreed to.

It will be a month after delivery that the sofa will be 'fixed' but I want them to get their money back as they have clearly been taken for a ride. At worst they could re-order the same sofa and save £1,000. At best they could spend the £3k on 'a sofa' rather that bits of sofa that move around the room independently (wooden floors).

Are they left with any options?

Thanks

Aylesbury_Duck

Can't they simply reject it on the basis it doesn't match the description? If the sofa is supposed to be modular and the pieces are supposed to be able to be mixed and matched but still fit together then it's not what it purports to be.

Is the third party you refer to a finance company? If so, they are jointly liable for sorting it out. I'd begin by trying to formally reject the sofa on the grounds that it isn't what they were told they were getting.

sheramber

If they are paying by instalments to a credit agreement then their contract for payment is with the credit company, not the retailer. So the retailer is correct in saying that.

Cancelling the furniture does not cancel the credit agreement as the credit company have paid the retailer the money for the furniture and your in-laws no owe the money to the credit company.

However, they could report the problems they have to the credit company.

As he has accepted compensation he may have scuppered any further action.

Brand0

Thanks for your responses, however I am keen to get an answer from a technical/legal perspective in terms of the 30 days. I'm aware of the above but it's a matter of principle. Father-in-law is army-veteran - took bullets for us all. Then he spends his army pension and gets ripped off.

Even if I can make it very uncomfortable for them it will be enough, but I can't just let them get away with it. My mother in law went to sit down - put her hand down to steady herself and it went through the gap between chairs. Almost broke her arm. It's not right.

Fosterdog

As this is a replacement for the original "faulty" item they don't need to rely on the short term 30 day right to reject as the supplier has already had a chance to rectify the problem so they can use their final right to reject instead.

Brand0

Fosterdog wrote: »

As this is a replacement for the original "faulty" item they don't need to rely on the short term 30 day right to reject as the supplier has already had a chance to rectify the problem so they can use their final right to reject instead.

This is what I am hoping, but I can't find an official say so anywhere. Thanks

Fosterdog

Brand0 wrote: »

This is what I am hoping, but I can't find an official say so anywhere. Thanks

That would be the Consumer Rights Act 2015 section 24 (5a)

bris

Actually no they cant reject now. The £100 compensation has been accepted so case closed.

DoaM

It depends on exactly what was agreed (in writing) in respect of that £100. You can't arbitrarily say the final right to reject is lost.

(I'm minded to agree with you, but it's not a 100% certain position).

Brand0

DoaM wrote: »

It depends on exactly what was agreed (in writing) in respect of that £100. You can't arbitrarily say the final right to reject is lost.

(I'm minded to agree with you, but it's not a 100% certain position).

I'm thinking the same - it was all done on the phone. But it's difficult getting a straight answer from father-in-law as he's a proud man and a little embarrassed. Above all he doesn't want to 'cause trouble'.

I can see how the elderly can be taken for a ride - sitting ducks. When you know what he like as a senior in the army, you realise the same can happen to all of us when we're old and grey.

societys_child

I can see how the elderly can be taken for a ride

Did the 'large furniture retailer' know they were elderly when they ordered it? I very much doubt the company made conscious decision to take them for a ride.