Another Harveys Advice Request ***Sigh***

RS200

Evening all I know there is a few similar requests on here but I wanted to clarify some specifics. Like many people I bought a sofa from finance from Harveys. These were purchased in March 2017 and delivered in June 2017. At the time all was satisfactory. Now unfortunately they have developed an issue where the reclining mechanism rubs the leather and has caused tearing and damage to the inner filling. This is obviously unfortunately poor design and not accidental damage as the most used sofa both recliners have this damage. The least used sofa does not. I have accidental damage cover and have enquired to the repairer as to if it would cover this but I am doubting it will. Now with Harveys going into administration I would like to know the best path to take.

The furniture was manufactured by Steinhoff UK Ltd, which at the time owned Benson for Beds and Harveys. They have since sold their holdings in these companies away and Harveys has gone into administration, would I have a claim against Steinhoff UK or did their responsibilities cease when they sold their interests in the companies?

The sofas were bought on finance (creation consumer finance) provided by Harveys, this has since been settled and the account closed. I understand that I can still make a section 75 claim on a closed account but have a few questions.

How long does the finance provider remain responsible, obviously 30 years after purchase it wouldn't be reasonable to make a claim but is it reasonable to do so only 3-4 years down the line?

Would I be claiming for a repair to the suite or for the entire cost of the sofa? Also if I was claiming for the entire cost of the sofa, if successful what happens to the goods (the sofa) do they become the property of the finance company? Would they be responsible for removing them if they do?

The second identical sofa does not have the damage but does have the same issue, when I have examined the mechanism I can see that it rubs the leather and WILL eventually cause this one to have the same damage. This being the case, can I claim for this one too?

If they come back and offer the cost of repair am I within my rights to demand a refund on the entire order on the basis that it is almost certainly going to occur again and that the sofas were just not very well designed from the outset?

Sorry for all the questions, I want to make sure that if I make a section 75 claim that I am accurate in my letter to the finance company and their responsibilities to give them the least wiggle room possible to try and worm out of paying a claim.

If anyone could advise on my best course of action it would be greatly appreciated.

Thank you

davidmcn

RS200 said:

The furniture was manufactured by Steinhoff UK Ltd, which at the time owned Benson for Beds and Harveys. They have since sold their holdings in these companies away and Harveys has gone into administration, would I have a claim against Steinhoff UK or did their responsibilities cease when they sold their interests in the companies?

You never had rights against Steinhoff, your rights are against the company you bought from, not their shareholders. That's the whole point of limited liability.

As I understand it, your s.75 rights are identical to those you would have had against the retailer - so the prescription period is six years from purchase (assuming you're in England/Wales). But the onus is on you to prove that the faults were inherent. And you wouldn't be getting a full refund, you'd be getting at most a refund reflecting the three years of use you've had (and whatever the expected lifespan of the item ought to be).

RS200

Thanks David for taking your time to reply. Yes I appreciate that and didn't think of it that way. In that case I will look to use section 75.

I know harveys 10 year warranty isn't a right but an additional service provided by harvey but by providing a ten year warranty originally have they suggested they would expect their lifespan to be 10 years, it was sold to me expecting it to last 10 years so that is the life expectancy I should push for with the finance company or is the 10 year warranty irrelevant. Personally I normally keep sofas 10-15 years and as such would expect that lifespan is that unreasonable.

Last question sorry, is it better going to creation and asking them for a suggestion of how they can resolve it and once they respond seeing if am I satisfied with their suggestion or am I better to be more specific with a figure for my claim?

I'm not so clued up on this and haven't used section 75 before so do appreciate the help.

KeithP

RS200 said:

I know harveys 10 year warranty isn't a right but an additional service provided by harvey...

As the ten year warranty was included in the purchase price, I would be suggesting to Creation that they do indeed need to cover that.