Bedroom Furniture Can’t Be repaired

bigstevex

In January this year we bought some furniture from Very, all from the same brand/range and paid on our credit account due to a 20% off offer.  

After a month we had to return/replace a set of drawers due to the wood splitting. All sorted.

Fast forward 5 months and the same happened on the wardrobe, they have said they cannot repair or replace this and can only refund it as they no longer stock it.

We asked to return the entire bedroom suite as we’d be left with half a furniture set and they have refused, we said on the basis that it was all bought at the same time and that we have had 2 faults now and they cannot repair or replace the latest.

Raised it to very credit team as a claim/complaint who are now saying they will see what they can do but what are my legal rights here please?

sheramber

if it was not sold as a package deal  then it is individual purchases.  I don't think they are obliged to replace the lot.
Any offer they make is a goodwill gesture.

bigstevex

sheramber said:

if it was not sold as a package deal  then it is individual purchases.  I don't think they are obliged to replace the lot.
Any offer they make is a goodwill gesture.

Not even if it was all bought at the same time and we have manufacturing quality concerns too as 2 units have now failed due to splitting.  Also multiple complaints around the internet about the quality of the range/not fir for purpose etc?

They are meant to have been solid oak that should last a life time

Alderbank

Which range is it?
Is it Alana?

the_lunatic_is_in_my_head

If you ordered all the goods together then I believe you can reject the whole lot:


https://www.legislation.gov.uk/ukpga/2015/15/section/21/enacted

(1)If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the consumer—

(a)may reject some or all of the goods that do not conform to the contract, but

(b)may not reject any goods that do conform to the contract.

The above implies you can but @unholyangel might be able to provide a definitive answer on this. 

OP as well as the right to a refund you also have the choice of a price reduction. If delivery was more than 6 months ago the trader can reduce the refund to account for the use of the goods you have received, if you aren't able to benefit from the 20% again plus the possibility of increased prices due to the current situation this may be a suitable alternative depending upon whether the issue is cosmetic and how noticeable it is or if the issue may cause the wardrobe to fail whether it can be repaired by yourself. 

A price reduction allows you to retain the goods and receive a part refund. 

Whether you are able to make further claims after receiving a price reduction I'm unsure, the act itself reads as if that's the end of the matter but maybe unholyangel can clarify this as well. 

Of course if you don't want the furniture any longer than of course you have the final right to reject. 

Both final right to reject and price reduction are detailed here:

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

with some guidance (same thing in more everyday language really) here: 

https://www.businesscompanion.info/en/quick-guides/goods/sale-and-supply-of-goods#Pricereductionandthefinalrighttoreject

bigstevex

Alderbank said:

Which range is it?
Is it Alana?

It’s the Richmond range

bigstevex

Anyone any further thoughts on this please or clarification 

wardrobe is due to be collected friday so now concerned if I let it go back and they won’t refund the whole thing I’m stuck with half a bedroom suite that I can’t match.

the wording of the law/rules are hard to understand whether I’d be better off pushing for the price reduction (we don’t really want this though now)

powerful_Rogue

bigstevex said:

Anyone any further thoughts on this please or clarification 

wardrobe is due to be collected friday so now concerned if I let it go back and they won’t refund the whole thing I’m stuck with half a bedroom suite that I can’t match.

the wording of the law/rules are hard to understand whether I’d be better off pushing for the price reduction (we don’t really want this though now)

You'd need to ask @the_lunatic_is_in_my_head to clarify the legislation he has posted.

the_lunatic_is_in_my_head

bigstevex said:

Anyone any further thoughts on this please or clarification 

wardrobe is due to be collected friday so now concerned if I let it go back and they won’t refund the whole thing I’m stuck with half a bedroom suite that I can’t match.

the wording of the law/rules are hard to understand whether I’d be better off pushing for the price reduction (we don’t really want this though now)

From what I remember reading here in the past and the wording above I'm 90% on the side of you being able to reject everything for a refund if it was ordered at the same time and if that's correct it would have to be everything that was on the order.

OP my understanding is if you've been provided credit then Very should be regulated and you can raise an complaint to the Financial Ombudsman Service (after exhausting the credit providers complaints procedure).  

I would ask the credit team directly "Under the Consumer Rights Act am I entitled to exercise the final right to reject all the goods from the order and treat the contract at an end and can you give me a clear yes or no answer in writing asap please". 

I would also tell them that is what you intend to do so if you are entitled to such it's clear you requested this from the start. 

If a price reduction doesn’t work for you stick with rejecting everything for a refund If you have a moment to pop back and let us know how it goes that would be great. 

bigstevex

the_lunatic_is_in_my_head said:

bigstevex said:

Anyone any further thoughts on this please or clarification 

wardrobe is due to be collected friday so now concerned if I let it go back and they won’t refund the whole thing I’m stuck with half a bedroom suite that I can’t match.

the wording of the law/rules are hard to understand whether I’d be better off pushing for the price reduction (we don’t really want this though now)

From what I remember reading here in the past and the wording above I'm 90% on the side of you being able to reject everything for a refund if it was ordered at the same time and if that's correct it would have to be everything that was on the order.

OP my understanding is if you've been provided credit then Very should be regulated and you can raise an complaint to the Financial Ombudsman Service (after exhausting the credit providers complaints procedure).  

I would ask the credit team directly "Under the Consumer Rights Act am I entitled to exercise the final right to reject all the goods from the order and treat the contract at an end and can you give me a clear yes or no answer in writing asap please". 

I would also tell them that is what you intend to do so if you are entitled to such it's clear you requested this from the start. 

If a price reduction doesn’t work for you stick with rejecting everything for a refund If you have a moment to pop back and let us know how it goes that would be great. 

90% will do for me; thank you.

Will definitely report back, they have until midday tomorrow, they said they get 72hrs to reply initially before referring to another team due to value £1700

bigstevex

@the_lunatic_is_in_my_head They have had to escalate the case internally due to the value.  For now I’ve said I’ll keep hold of the wardrobe until the complaint is resolved.

apparently it’s upto 8 weeks now for their complaint process