‘Won’ with Retail ADR but store not responding

Deedoodee

HillStreetBlues 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. 

How soon after delivery did you report sofa as faulty?

It was 3 months, maybe 3.5 after delivery

Deedoodee

DullGreyGuy said:

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

I replied to the same email chain from the complaint pre- ADR. And sent an email to general enquiries. 

Deedoodee

Alderbank said:

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.

That’s a good point. I was hoping it was only rubbish because of the fault. But actually it might just be rubbish and I’ll be in the same position in a few months