Furniture ombudsman and sofology nightmare

kaggi

I bought a (not remotely cheap) suite from sofology last year and it has been in my house for less than a year.  We have no pets or children and as there has been a pandemic on, we’ve had nobody in the house so in the year we have had it my husband and I (neither of whom are overweight) are the only people who sit on it.  Within a few months of getting it we noticed it looked terribly saggy in the seats so in November we complained to sofology who thought from the pictures it was damaged (it’s not).  They agreed to send an engineer out in December who agreed it wasn’t damaged and that we obviously take care of things in our house, but this sofa needs constant plumping to look okay.  We were not told this when we bought it, and I have never known a sofa to look like this after just a few months wear.

Sofology then told me I just needed to go to the furniture ombudsman (should have realised how likely they would be to help if sofology suggested it).  I sent the report, emails, pictures, screenshots of their website advertising it as a comfortable and resilient sofa.  After a few weeks the first communication I had was for them to just outright reject my complaint unless I want to find and pay an independent inspector (which may not be recoverable, so good money after bad) . As there is not a fault attributable to sofology, it’s just a badly made sofa, I apparently have no recourse.  Do I need to just accept the 4 figure sum I have paid has been wasted or is there anything else I can do? 

theonlywayisup

Assuming 'less than a year' is more than 6 months then the advice you have been given is correct.   You will need to commission a report.  If the report shows the goods are inherently faulty then the cost of the report will be recoverable. 

kaggi

It was 10 months, surely on a sofa of with a 20 year warranty reporting it after 10 months isn’t too late, is it? I’ve never seen anything like it but didn’t realise there was such a short timescale to complain.  

theonlywayisup

kaggi said:

It was 10 months, surely on a sofa of with a 20 year warranty reporting it after 10 months isn’t too late, is it? I’ve never seen anything like it but didn’t realise there was such a short timescale to complain.  

The CRA gives you 6 months.  In the first 6 it assumes the item was faulty from the outset unless the retailer proves otherwise.  After 6 months the onus is on you to prove it.  

If it has a 20 year warranty, have you looked to see if you are covered for repair/replacement?

kaggi

If it has a 20 year warranty, have you looked to see if you are covered for repair/replacement?

Not sure how I would do that.  Sofology have investigated and sent someone out, and then directed me to the ombudsman.  Is there something else I should do? Sorry, I know that sounds daft but I’ve never been in this situation before.  

theonlywayisup

kaggi said:

If it has a 20 year warranty, have you looked to see if you are covered for repair/replacement?

Not sure how I would do that.  Sofology have investigated and sent someone out, and then directed me to the ombudsman.  Is there something else I should do? Sorry, I know that sounds daft but I’ve never been in this situation before.  

You need to look at the T&C of the warranty.  The warranty is usually provided by the manufacturer but can also be the retailer.  If you bought a John Lewis fridge, then the warranty and your consumer rights would be with JL.  If you bought a Miele fridge from JL then the warranty is with Miele and the consumer rights with JL.

This is what Sofology have in their T&C re your CR.

Up to 6 years from delivery, after 6 months and up to 6 years the solution will vary depending on whether the fault is reported inside or outside of the Sofology warranty period. After 6 months, there is some responsibility on you as the customer to prove that the goods are faulty. We will investigate this by speaking with you over the phone, we may ask for you to send images and/or videos depending on the issue, we may speak with our Suppliers, we may also send a technician to inspect the goods. Following our assessment, we would either offer a repair or a replacement, depending on which is the most suitable option and how long you’ve had the goods.

Your warranty and your Consumer Rights are different.   A warranty can be whatever the warranty giver provided at the time of purchase.  

I found this re their warranty -   Is the fault with the inner/springs or webbing?  What the 'technician' needs to tell you is that it is a manufacturing fault. 

20 Year Structural Guarantee

Effective on purchases from the 11th July 2017 Sofology provides you with a 20-year structural guarantee. For purchases made prior to the 11th July 2017, the duration of the guarantee will be 10 years, however the conditions of the guarantee will remain unchanged.

What it Covers

Our 20 Year Structural Guarantee covers your furniture against manufacturing defects or failures of the frame construction and suspension (springs or webbing).

Included in the Guarantee we cover your furniture for manufacturing defects for 2 years on:

• Leathers
• Fabrics
• Inners
• Stitching
• Recliner mechanisms
• Electrical components such as sound docks or refrigerators

What it Doesn't Cover

The Guarantee does not cover your furniture against accidental or deliberate damage or where fabric or leather has failed as a result of exposure to chemicals or biofluids. 

Exclusions to the guarantee include:

• Wear & Tear
• Misuse (Accidental or Deliberate)
• Failure to maintain
• Commercial use
• "Rehome me furniture"

theonlywayisup

Just to add, it may be that if you get nowhere with the guarantee and don't want to pay for a report, then you may consider getting some replacement foam/cushions if it is the plumping.  A lot of sofas tend to have inners that need daily plumping.  
Sofalogy do make mention of this in their blurb.
https://sofological.sofology.co.uk/guru/how-to-the-perfect-plumping-method-for-every-sofa/
We have holiday lets and after a season we replaced all the seat cushions via a local firm who cut foam to size and then put a feather 'pillowcase-type' outer on the foam.  They still look good now, years after being done.  I know pay much more attention to the filling in a seat/back cushion than I ever did. 

kaggi

theonlywayisup said:

Just to add, it may be that if you get nowhere with the guarantee and don't want to pay for a report, then you may consider getting some replacement foam/cushions if it is the plumping.  A lot of sofas tend to have inners that need daily plumping.  
Sofalogy do make mention of this in their blurb.
https://sofological.sofology.co.uk/guru/how-to-the-perfect-plumping-method-for-every-sofa/
We have holiday lets and after a season we replaced all the seat cushions via a local firm who cut foam to size and then put a feather 'pillowcase-type' outer on the foam.  They still look good now, years after being done.  I know pay much more attention to the filling in a seat/back cushion than I ever did. 

Thanks so much for this, you’ve been so helpful and I think I’d be as well going down the replacement seat cushions instead of paying for a report that may or may not say there’s an issue.  Will never be back at sofology again but at least with your advice I should be able to make them look passable for a wee while.  

theonlywayisup

kaggi said:

theonlywayisup said:

Just to add, it may be that if you get nowhere with the guarantee and don't want to pay for a report, then you may consider getting some replacement foam/cushions if it is the plumping.  A lot of sofas tend to have inners that need daily plumping.  
Sofalogy do make mention of this in their blurb.
https://sofological.sofology.co.uk/guru/how-to-the-perfect-plumping-method-for-every-sofa/
We have holiday lets and after a season we replaced all the seat cushions via a local firm who cut foam to size and then put a feather 'pillowcase-type' outer on the foam.  They still look good now, years after being done.  I know pay much more attention to the filling in a seat/back cushion than I ever did. 

Thanks so much for this, you’ve been so helpful and I think I’d be as well going down the replacement seat cushions instead of paying for a report that may or may not say there’s an issue.  Will never be back at sofology again but at least with your advice I should be able to make them look passable for a wee while.  

If you find a good firm to supply the foam - I would also add the feather outer as that adds a bit more comfort - then it shouldn't be too expensive and should last for years.  Ours get a lot of wear and no one on holiday plumps....!

Our foam was from Putnams in Plymouth, they do sell online but I think buying local will be your best bet.  I took our old lumpy fluff cushions in and they had them for a week and all was good from them.  

You won't be disappointed with new pads.