‘Won’ with Retail ADR but store not responding

Deedoodee

Bought a sofa 1year ago, it was rubbish (I’m sure it was faulty), store wasn’t interested, said they checked it twice (videos and photos I sent) and it’s wear and tear, not a fault. told me to go to Retail ADR if I’m not happy with it. So I did. Fast forward 9months later to jan 2023, retail ADR side with me and said store need to repair or replace without inconveniencing me within 28days. 

It’s been two weeks since I accepted the decision and not heard anything. I’ve emailed the store, retail ADR said they’ve contacted the store. 

Do I wait the 28days and then go to small claims? Sofa is now selling at 1.5x the price I bought it for. 

Aylesbury_Duck

Deedoodee said:

Bought a sofa 1year ago, it was rubbish (I’m sure it was faulty), store wasn’t interested, said they checked it twice (videos and photos I sent) and it’s wear and tear, not a fault. told me to go to Retail ADR if I’m not happy with it. So I did. Fast forward 9months later to jan 2023, retail ADR side with me and said store need to repair or replace without inconveniencing me within 28days. 

It’s been two weeks since I accepted the decision and not heard anything. I’ve emailed the store, retail ADR said they’ve contacted the store. 

Do I wait the 28days and then go to small claims? Sofa is now selling at 1.5x the price I bought it for. 

Yes, you should give them the period stated.  Then send a letter before action giving another 14 days before you commence court action.

Today's selling price is irrelevant.  I don't think the ADR recommendation is binding, in which case the retailer can choose between a repair, a replacement or a refund, with a refund reduced to reflect any use up to the point the problem was reported.  Naturally they're likely to pick the route of least cost to themselves, which might be a refund.

DullGreyGuy

Aylesbury_Duck said:
I don't think the ADR recommendation is binding

It depends on the scheme... If you look at 7.1 and 8.2 in the RetailADR https://www.retailadr.org.uk/wp-content/uploads/2019/09/RETAIL-ADR-SCHEME-RULES.pdf their decisions are binding on their members and for not following a decision there is a £100 fee

This however stems from a contract between the merchant and the scheme and so it's only the scheme that can enforce its contract not the OP. There is always what feels like a conflict of interest with these schemes given many are operated by for profit companies... fine your members (or find against them) too often and they may well decide to switch to a competitor's scheme

Alderbank

Deedoodee said:

Do I wait the 28 days and then go to small claims? 

No.
If you have had no response after 28 days go back to the Retail ADR. They say that if the retailer does not have an explanation for the delay they could fine the retailer £100. That might produce a response.

A reasonable explanation for the delay could be that they are waiting for materials to carry out the repair, or waiting for a suitable craftsman to carry it out.

There is a risk that if the repair or replacement is going to be expensive that the retailer might opt to pay the £100 instead (you don't get the fine, Retail ADR keeps it).

Going back to Retail ADR does not cost you anything and if successful will produce a much faster result than small claims.
You must pay fees to commence a court claim (you can claim them back from the retailer if you win the case), you must prepare your claim very formally and you should not expect to get a hearing until at least 2024.

Deedoodee

Aylesbury_Duck said:

Deedoodee said:

Bought a sofa 1year ago, it was rubbish (I’m sure it was faulty), store wasn’t interested, said they checked it twice (videos and photos I sent) and it’s wear and tear, not a fault. told me to go to Retail ADR if I’m not happy with it. So I did. Fast forward 9months later to jan 2023, retail ADR side with me and said store need to repair or replace without inconveniencing me within 28days. 

It’s been two weeks since I accepted the decision and not heard anything. I’ve emailed the store, retail ADR said they’ve contacted the store. 

Do I wait the 28days and then go to small claims? Sofa is now selling at 1.5x the price I bought it for. 

Yes, you should give them the period stated.  Then send a letter before action giving another 14 days before you commence court action.

Today's selling price is irrelevant.  I don't think the ADR recommendation is binding, in which case the retailer can choose between a repair, a replacement or a refund, with a refund reduced to reflect any use up to the point the problem was reported.  Naturally they're likely to pick the route of least cost to themselves, which might be a refund.

Thanks. I reported the issue after 3months so the refund would be close to the initial selling price but not the current one. Retail ADR just said 

‘The Respondent must either provide a repair or replacement of the Sofa, with the Respondent’s discretion as to which. This must be carried out within a reasonable time and without significant inconvenience to the Claimant.’

so can the store choose to refund if it’s not one of the options given? 

DullGreyGuy

Deedoodee said:

Aylesbury_Duck said:

Deedoodee said:

Bought a sofa 1year ago, it was rubbish (I’m sure it was faulty), store wasn’t interested, said they checked it twice (videos and photos I sent) and it’s wear and tear, not a fault. told me to go to Retail ADR if I’m not happy with it. So I did. Fast forward 9months later to jan 2023, retail ADR side with me and said store need to repair or replace without inconveniencing me within 28days. 

It’s been two weeks since I accepted the decision and not heard anything. I’ve emailed the store, retail ADR said they’ve contacted the store. 

Do I wait the 28days and then go to small claims? Sofa is now selling at 1.5x the price I bought it for. 

Yes, you should give them the period stated.  Then send a letter before action giving another 14 days before you commence court action.

Today's selling price is irrelevant.  I don't think the ADR recommendation is binding, in which case the retailer can choose between a repair, a replacement or a refund, with a refund reduced to reflect any use up to the point the problem was reported.  Naturally they're likely to pick the route of least cost to themselves, which might be a refund.

Thanks. I reported the issue after 3months so the refund would be close to the initial selling price but not the current one. Retail ADR just said 

‘The Respondent must either provide a repair or replacement of the Sofa, with the Respondent’s discretion as to which. This must be carried out within a reasonable time and without significant inconvenience to the Claimant.’

so can the store choose to refund if it’s not one of the options given? 

The ADR's decisions are binding on its members and so if they refund instead then that'd be a breach of the instruction and so again a £100 fine to the ADR.

You cannot enforce the binding decision though and were you to go to court it would be under the Consumer Rights Act which would recognise a refund as an appropriate remedy 

Deedoodee

Alderbank said:

Deedoodee said:

Do I wait the 28 days and then go to small claims? 

No.
If you have had no response after 28 days go back to the Retail ADR. They say that if the retailer does not have an explanation for the delay they could fine the retailer £100. That might produce a response.

A reasonable explanation for the delay could be that they are waiting for materials to carry out the repair, or waiting for a suitable craftsman to carry it out.

There is a risk that if the repair or replacement is going to be expensive that the retailer might opt to pay the £100 instead (you don't get the fine, Retail ADR keeps it).

Going back to Retail ADR does not cost you anything and if successful will produce a much faster result than small claims.
You must pay fees to commence a court claim (you can claim them back from the retailer if you win the case), you must prepare your claim very formally and you should not expect to get a hearing until at least 2024.

I messaged retail ADR and got a message back saying that the decision is legally binding but ADR can’t enforce it as that’s an issue for the courts. 

Deedoodee

So it’s possible that the store will attempt to just pay ADR £100, and I get nothing? And if I then take it to courts, they could be allowed to refund me an amount that wouldn’t not cover the cost of a replacement? 

DullGreyGuy

Deedoodee said:

So it’s possible that the store will attempt to just pay ADR £100, and I get nothing? And if I then take it to courts, they could be allowed to refund me an amount that wouldn’t not cover the cost of a replacement? 

They may not even pay the £100 but that's between ADR and them. 

Who is the retailer? Have you managed to contact senior management at all? Ultimately you need to wait for the 28 (or 30 according to their terms) days have passed before you can say they've breached the requirements from the ADR

Alderbank

Deedoodee said:

So it’s possible that the store will attempt to just pay ADR £100, and I get nothing? And if I then take it to courts, they could be allowed to refund me an amount that wouldn’t not cover the cost of a replacement? 

In terms of consumer rights the cost of a replacement is not relevant.

You bought that sofa a year ago. Prices have risen substantially since then but that is not considered by Consumer Rights Act.

You said yourself that it was rubbish so would you want like for like? You might prefer to go for a more expensive but higher quality sofa.

The retailer is entitled to reduce a refund to reflect the years use you have had, perhaps 10%. However I think you could argue that you have had no satisfactory use, since you have been complaining to the retailer for the whole of your ownership, so full refund would be fair.

HillStreetBlues

Deedoodee said:

Bought a sofa 1year ago, it was rubbish (I’m sure it was faulty), store wasn’t interested, said they checked it twice (videos and photos I sent) and it’s wear and tear, not a fault. told me to go to Retail ADR if I’m not happy with it. So I did. Fast forward 9months later to jan 2023, retail ADR side with me and said store need to repair or replace without inconveniencing me within 28days. 

It’s been two weeks since I accepted the decision and not heard anything. I’ve emailed the store, retail ADR said they’ve contacted the store. 

Do I wait the 28days and then go to small claims? Sofa is now selling at 1.5x the price I bought it for. 

How soon after delivery did you report sofa as faulty?