Furniture compensation

Lozzie73

We purchased 2 sofas with a well know furniture store. Both sofas were delivered but one was delivered in the wrong colour. The company were contacted immediately and photos sent of what had been delivered. They agreed it was a manufacturing error and would order a new sofa to replace the incorrect one. This would take approx 12 weeks. In that time the company went into liquidation and our replacement never arrived and we were unable to contact  the company to understand whether it had been ordered. We are now paying for both sofas through a credit agreement. Under section 75 the credit company have offered 50% compensation of the cost of the incorrect sofa. Personally I feel that this is one of the biggest purchases we would make as a household and didn't get what we ordered. Is 50% reasonable compensation or should we decline and go to the Ombudsman? 

davidmcn

What is it you'd like? Would you prefer to have no sofa but a full refund?

MattMattMattUK

Lozzie73 said:

We purchased 2 sofas with a well know furniture store. Both sofas were delivered but one was delivered in the wrong colour. The company were contacted immediately and photos sent of what had been delivered. They agreed it was a manufacturing error and would order a new sofa to replace the incorrect one. This would take approx 12 weeks. In that time the company went into liquidation and our replacement never arrived and we were unable to contact  the company to understand whether it had been ordered. We are now paying for both sofas through a credit agreement. Under section 75 the credit company have offered 50% compensation of the cost of the incorrect sofa. Personally I feel that this is one of the biggest purchases we would make as a household and didn't get what we ordered. Is 50% reasonable compensation or should we decline and go to the Ombudsman? 

One of the sofas is incorrect, therefore 50% would appear reasonable, especially as they are letting you keep the incorrect sofa which you could keep or sell.

Lozzie73

Good question! I would like to have what I ordered. I don't want to be greedy but as I said this is a big purchase for us. I dont think what we ordered is available elsewhere as I have searched the Internet.

unholyangel

Lozzie73 said:

Good question! I would like to have what I ordered. I don't want to be greedy but as I said this is a big purchase for us. I dont think what we ordered is available elsewhere as I have searched the Internet.

So, do you want matching sofas (assuming you need the 2nd) or a 50% refund? 

If you want matching sofas then reject their offer and remind them you are entitled to a full refund from the trader and therefore (under section 75) you are entitled to the same off them. 

davidmcn

Lozzie73 said:

Good question! I would like to have what I ordered. I don't want to be greedy but as I said this is a big purchase for us. I dont think what we ordered is available elsewhere as I have searched the Internet.

Your statutory right if you've not been given what you've ordered is to return it for a full refund. Letting you keep it, but for half price, seems a fairly reasonable compromise to me if the only issue is the colour. You don't have a right to demand an even bigger discount (though I suppose you can try asking).

Lozzie73

Sorry not sure how to reply to individuals as I  am a newbie to this. 
The sofas were delivered in the same colour but we had ordered 2 different colours. 
We have now had the sofas for getting on a year as this has taken so long to resolve! So I'm not sure what the resale value would be now. I guess we need to decide whether to keep what we have or look for another sofa and ask for a refund. I think if they had offered a bigger discount I wouldn't be on the forum! 

pbartlett

doesnt sound a bad offer to me. could you live with 50% of one sofa back ?

unholyangel

Lozzie73 said:

Sorry not sure how to reply to individuals as I  am a newbie to this. 
The sofas were delivered in the same colour but we had ordered 2 different colours. 
We have now had the sofas for getting on a year as this has taken so long to resolve! So I'm not sure what the resale value would be now. I guess we need to decide whether to keep what we have or look for another sofa and ask for a refund. I think if they had offered a bigger discount I wouldn't be on the forum! 

The short term right to reject applies starting 30 days from the day after you received the goods. If you agree to repair or replacement then that 30 day time limit stops running and doesn't start again until they've supplied repaired/replacement goods (if they do supply repaired/replacement goods then time limit is either 7 days or rest of 30 days, whichever is longer). 

If you have agreed to repair/replacement, then you cannot exercise the short term right to reject without first giving them "a reasonable time" to replace (unless giving that time would cause significant inconvenience). I'd say "getting on a year" is more than reasonable time. So you can exercise the short term right to reject. 

The part of the law that allows them to make a deduction to account for use you had of the goods only applies to the final right to reject after 6 months. It does not apply to the short term right to reject - you're entitled to a full refund. 

Have a look at sections 20-24

powerful_Rogue

The way you was talking I thought you had ordered two grey sofas and they had sent 1 grey and 1 yellow!

If both the sofas are matching colours, I would personally jump at the chance of getting a 50% refund on one of the.As you say, this is one of the biggest purchases you are making as a household, if you can live with have a setof matching sofas, as you have done for a year, get some £££ back.

Ganga

powerful_Rogue said:

The way you was talking I thought you had ordered two grey sofas and they had sent 1 grey and 1 yellow!

If both the sofas are matching colours, I would personally jump at the chance of getting a 50% refund on one of the.As you say, this is one of the biggest purchases you are making as a household, if you can live with have a setof matching sofas, as you have done for a year, get some £££ back.

I think this is the best answer BUT the poster wants more stating " if they had offered a bigger discount etc " i suspect they would like all their money back and keep the sofa,s ,they can dream.