Bedroom Furniture Can’t Be repaired

the_lunatic_is_in_my_head

bigstevex said:

@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

Hi OP

It sounds as if their escalation means an official complaint and the 8 weeks might be the time they are allowed to resolve before you can approach the FOS.

I'm not sure how the FOS rule on complaints, yours would be that they aren't offering you your rights to reject everything (if I'm give you the correct info on this) but they might be there to rule on whether you've been treated fairly (which amounts to the same thing in my view but my view isn't worth anything on that aspect of the topic!). 

@born_again might be able to offer more details on what the FOS do. 

If they do take a long time to resolve hopefully unholyangel will pop by sometime in between to either confirm or give the correct info  

Worst comes to worst you'd be looking at small claims but I doubt Very want to cover the costs of this and they might not want to cover the cost (if there is one) of a complaint to the FOS either so might just refund regardless of who is correct/whether they agree on what your rights are.  

born_again

Very Pay credit provided, subject to credit and account status, by Shop Direct Finance Company Limited. Registered office: First Floor, Skyways House, Speke Road, Speke, Liverpool, L70 1AB. Registered number: 4660974. Authorised and regulated by the Financial Conduct Authority. Over 18's only.

Not sure how FOS would view this. 
Might depend on just which of the payment method was used. I really have no idea if they all fall under S75. So might be something to contact FOS & ask them if the payment method used is covered. 

https://www.financial-ombudsman.org.uk/

Not sure how they would view this if it a per item purchase, rather than a set purchase. 

bigstevex

born_again said:

Very Pay credit provided, subject to credit and account status, by Shop Direct Finance Company Limited. Registered office: First Floor, Skyways House, Speke Road, Speke, Liverpool, L70 1AB. Registered number: 4660974. Authorised and regulated by the Financial Conduct Authority. Over 18's only.

Not sure how FOS would view this. 
Might depend on just which of the payment method was used. I really have no idea if they all fall under S75. So might be something to contact FOS & ask them if the payment method used is covered. 

https://www.financial-ombudsman.org.uk/

Not sure how they would view this if it a per item purchase, rather than a set purchase. 

Hi, I believe it does.. I would say it was point of sale loan as we used buy now pay later 12 months 0%

If you used a credit card or point of sale loan to buy goods or services, then the transaction could be covered by Section 75 of the Consumer Credit Act.

born_again

Operative word is "COULD"

BNPL is out of my remit, Only deal with cards. Which is why I said "I have no idea"

I see a mention of £1700, but no mention of item costs. Which is the most important part here for S75 to come into play. 

bigstevex

born_again said:

Operative word is "COULD"

BNPL is out of my remit, Only deal with cards. Which is why I said "I have no idea"

I see a mention of £1700, but no mention of item costs. Which is the most important part here for S75 to come into play. 

Ah, I see, ‘could’ being a very strong word from a legal point of view.

Wardrobe ~£800
drawers ~£350
dresser ~£350
bedside tables ~ £150 each

AmberDepp

the_lunatic_is_in_my_head said:

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

That says the opposite of what you're claiming.

(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.

So they can reject any goods that don't conform to the contract but can't any that do.

Ergo, they can reject the faulty goods but not the ones that are fine.

the_lunatic_is_in_my_head

AmberDepp said:

the_lunatic_is_in_my_head said:

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

That says the opposite of what you're claiming.

(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.

So they can reject any goods that don't conform to the contract but can't any that do.

Ergo, they can reject the faulty goods but not the ones that are fine.

You're disregarding the bit that says If the consumer .... does not reject all of the goods and treat the contract as at an end.... 

So you buy A B & C. Only A is faulty.

You may either reject A B & C or you may reject A.

What you may not do is reject A & B and keep C.