What if Sofology won’t fulfil Furniture Ombudsman agreement?

laura_p_s

Hello!  Thanks for reading.

After months and months of trying to get Sofology to resolve my issue directly they wouldn’t and were impossible to get any sensible response from, so in October last year I involved the furniture ombudsman.  The agreement was made that an engineer must come to my home and put the faults right, but they haven’t (there was an appointment made and I took the day off work and they cancelled on the day).  They have since said they cannot fulfil the specific details of the Ombudsman agreement and expect me to accept a change, but it’s not reasonable. I also understand the agreement needs to be fulfilled in a reasonable timeframe.  I’m now over a year after purchase and 6 months after Ombudsman agreement.

Is the Furniture Ombudsman agreement legally binding?  I contacted the Furniture Ombudsman but they’ve taken over a month to respond and I’m still none the wiser of where I stand legally.

I can see the Financial and Energy Ombudsman agreements are legally binding, but can’t find clarity for the Furniture Ombudsman.

Im thinking I’ll either need to go to via the small claims route or Section 75 (I used my credit card for the purchase).

Any advice is gratefully received.  Thank you 🙏 

pinkshoes

What's the issue with it? 

I'd try the chargeback. Did you formally reject it when you received it? Have you been using it?

powerful_Rogue

laura_p_s said:

Hello!  Thanks for reading.

After months and months of trying to get Sofology to resolve my issue directly they wouldn’t and were impossible to get any sensible response from, so in October last year I involved the furniture ombudsman.  The agreement was made that an engineer must come to my home and put the faults right, but they haven’t (there was an appointment made and I took the day off work and they cancelled on the day).  They have since said they cannot fulfil the specific details of the Ombudsman agreement and expect me to accept a change, but it’s not reasonable. I also understand the agreement needs to be fulfilled in a reasonable timeframe.  I’m now over a year after purchase and 6 months after Ombudsman agreement.

Is the Furniture Ombudsman agreement legally binding?  I contacted the Furniture Ombudsman but they’ve taken over a month to respond and I’m still none the wiser of where I stand legally.

I can see the Financial and Energy Ombudsman agreements are legally binding, but can’t find clarity for the Furniture Ombudsman.

Im thinking I’ll either need to go to via the small claims route or Section 75 (I used my credit card for the purchase).

Any advice is gratefully received.  Thank you 🙏 

Are the Ombudsman's decisions binding?

Yes, your membership and commitment to our Rules and Code of Practice mean that our decisions are binding upon you as the business, if the decision is accepted by the consumer.

However, our decisions are not binding on the consumer. If an offer is accepted through our process, it is deemed to be in full and final settlement of that claim.

https://www.fhio.org/faqs/for-businesses/are-our-decisions-binding

            

tacpot12

What change are they asking you to accept? 

Do you have home insurance and do you have legal expenses cover as part of it? 

laura_p_s

pinkshoes said:

What's the issue with it? 

I'd try the chargeback. Did you formally reject it when you received it? Have you been using it?

Thank you for replying.  It was delivered with the delivery feet fitted and the delivery guys did not have the actual feet to fit.  I discovered after a couple of days (after my nephew cut the top of his feet open) the footstools have very sharp pieces (to make them modular) attached underneath - but I purchased them as independent footstools and the sofa does not have any similar attachments to make the sofa modular so it makes the modular fittings on the footstools redundant (and dangerous).

I tried to get the feet installed and the sharp modular pieces removed directly with Sofology but as they would not cooperate-reply this is what the ombudsman have now agreed should happen.  But Sofology will not.

I have used the sofa and I know I can still return for a refund, but my preference has always been to try and resolve rather than return.

Thank you 🙏

laura_p_s

powerful_Rogue said:

laura_p_s said:

Hello!  Thanks for reading.

After months and months of trying to get Sofology to resolve my issue directly they wouldn’t and were impossible to get any sensible response from, so in October last year I involved the furniture ombudsman.  The agreement was made that an engineer must come to my home and put the faults right, but they haven’t (there was an appointment made and I took the day off work and they cancelled on the day).  They have since said they cannot fulfil the specific details of the Ombudsman agreement and expect me to accept a change, but it’s not reasonable. I also understand the agreement needs to be fulfilled in a reasonable timeframe.  I’m now over a year after purchase and 6 months after Ombudsman agreement.

Is the Furniture Ombudsman agreement legally binding?  I contacted the Furniture Ombudsman but they’ve taken over a month to respond and I’m still none the wiser of where I stand legally.

I can see the Financial and Energy Ombudsman agreements are legally binding, but can’t find clarity for the Furniture Ombudsman.

Im thinking I’ll either need to go to via the small claims route or Section 75 (I used my credit card for the purchase).

Any advice is gratefully received.  Thank you 🙏 

Are the Ombudsman's decisions binding?

Yes, your membership and commitment to our Rules and Code of Practice mean that our decisions are binding upon you as the business, if the decision is accepted by the consumer.

However, our decisions are not binding on the consumer. If an offer is accepted through our process, it is deemed to be in full and final settlement of that claim.

            

Thank you very much!  I’m not quite sure why I couldn’t find that info on their page myself 😊

HillStreetBlues

Small claims court, doubt they would even try and defend it.

pinkshoes

laura_p_s said:

pinkshoes said:

What's the issue with it? 

I'd try the chargeback. Did you formally reject it when you received it? Have you been using it?

Thank you for replying.  It was delivered with the delivery feet fitted and the delivery guys did not have the actual feet to fit.  I discovered after a couple of days (after my nephew cut the top of his feet open) the footstools have very sharp pieces (to make them modular) attached underneath - but I purchased them as independent footstools and the sofa does not have any similar attachments to make the sofa modular so it makes the modular fittings on the footstools redundant (and dangerous).

I tried to get the feet installed and the sharp modular pieces removed directly with Sofology but as they would not cooperate-reply this is what the ombudsman have now agreed should happen.  But Sofology will not.

I have used the sofa and I know I can still return for a refund, but my preference has always been to try and resolve rather than return.

Thank you 🙏

In which case I'd try a chargeback with the card provider (but the sofa will then need to be collected by Sofology) OR... you could get an independent quote to sort out the problem then take Sofology to court for the money. 

born_again

Can't see chargeback being a option given the timeframe. 
As it is well passed 120 days. This is a case where the 540 days would not come into play as it is not a future dated event.

So in reality would be S75 if going via bank.
Only issue here could be the cost of the foot stools. They will have to be over £100 to be covered. As, Op indicated the below is the problem. So not the actual sofa.

>) the footstools have very sharp pieces (to make them modular) attached underneath - but I purchased them as independent footstools<

DullGreyGuy

laura_p_s said:

powerful_Rogue said:

laura_p_s said:

Hello!  Thanks for reading.

After months and months of trying to get Sofology to resolve my issue directly they wouldn’t and were impossible to get any sensible response from, so in October last year I involved the furniture ombudsman.  The agreement was made that an engineer must come to my home and put the faults right, but they haven’t (there was an appointment made and I took the day off work and they cancelled on the day).  They have since said they cannot fulfil the specific details of the Ombudsman agreement and expect me to accept a change, but it’s not reasonable. I also understand the agreement needs to be fulfilled in a reasonable timeframe.  I’m now over a year after purchase and 6 months after Ombudsman agreement.

Is the Furniture Ombudsman agreement legally binding?  I contacted the Furniture Ombudsman but they’ve taken over a month to respond and I’m still none the wiser of where I stand legally.

I can see the Financial and Energy Ombudsman agreements are legally binding, but can’t find clarity for the Furniture Ombudsman.

Im thinking I’ll either need to go to via the small claims route or Section 75 (I used my credit card for the purchase).

Any advice is gratefully received.  Thank you 🙏 

Are the Ombudsman's decisions binding?

Yes, your membership and commitment to our Rules and Code of Practice mean that our decisions are binding upon you as the business, if the decision is accepted by the consumer.

However, our decisions are not binding on the consumer. If an offer is accepted through our process, it is deemed to be in full and final settlement of that claim.

            

Thank you very much!  I’m not quite sure why I couldn’t find that info on their page myself 😊

The Furniture Ombudsman is just a company providing ADR services, they've jumped through sufficient hoops to be able use the term Ombudsman but that doesnt given them the same statutory powers of other ombudsman created by law (eg the Financial Ombudsman).

Like any company they have contracts with their clients, furniture retailers, and those terms will include clauses around honouring agreements. Therefore if the company doesnt honour it then its a breach of contract and in theory the Ombudsman could litigate however if thats all the contract says then they will struggle in court because they havent sustained a loss and injunctions are much harder to win than damages. If you look at some other ADR companies agreements, they charge the client £100 for failing to honour an award but that money goes to the ADR company not the complainant 

There is always a conflict of interests though... these are optional agreements (again unlike statutory ombudsman) and a client is free to leave and buy the services of another ADR firm (or not have one at all) and so how far the ADR firm push things