Recalled sofa

le318

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

the_lunatic_is_in_my_head

Did you pay on credit OP? 

Aylesbury_Duck

le318 said:

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

What do you want to challenge?  You are at liberty to keep the sofa if you wish, they're not going to come and seize it.  If you're not happy to on the grounds of risk, then take up their offer or speak to your credit card or finance provider if you paid that way. 

le318

the_lunatic_is_in_my_head said:

Did you pay on credit OP? 

No on debit card. I've contacted the bank but they were unable to help unfortunately

le318

Aylesbury_Duck said:

le318 said:

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

What do you want to challenge?  You are at liberty to keep the sofa if you wish, they're not going to come and seize it.  If you're not happy to on the grounds of risk, then take up their offer or speak to your credit card or finance provider if you paid that way. 

Hi, thank you for your reply. I live in an apartment block and I don't feel the risk to myself and the other residents is worth keeping it for (also I'm not sure if there would be any implications for me if there was a fire and someone found out I had knowingly kept it in the apartment). I appreciate that it's not a huge expense to dispose of the old one and replace it but I'm a working single parent and things have financially been tough for me recently!  

Aylesbury_Duck

le318 said:

Aylesbury_Duck said:

le318 said:

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

What do you want to challenge?  You are at liberty to keep the sofa if you wish, they're not going to come and seize it.  If you're not happy to on the grounds of risk, then take up their offer or speak to your credit card or finance provider if you paid that way. 

Hi, thank you for your reply. I live in an apartment block and I don't feel the risk to myself and the other residents is worth keeping it for (also I'm not sure if there would be any implications for me if there was a fire and someone found out I had knowingly kept it in the apartment). I appreciate that it's not a huge expense to dispose of the old one and replace it but I'm a working single parent and things have financially been tough for me recently!  

Hmmm, tricky one, I can see the dilemma.  The pragmatic view is that you've had it for nearly three years and it hasn't caused a problem.  You almost certainly have a whole bunch of other possessions that are flammable and/or would give off nasty gases if alight.  It was probably built to older fire regulations and therefore is not technically compliant.  Is it just a case of taking practical steps, such as not smoking near it, making sure it's nowhere near a source of ignition, that your smoke detectors are operational and the batteries are fresh, etc?  You can also buy fire-resistant sofa covers.  That might be cheaper than disposal and replacement. 

If you don't want that risk, then your only option is to accept what they're offering.  You don't have any other legal rights, nor do you have a finance company that's jointly liable.

user1977

le318 said:

Aylesbury_Duck said:

le318 said:

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

What do you want to challenge?  You are at liberty to keep the sofa if you wish, they're not going to come and seize it.  If you're not happy to on the grounds of risk, then take up their offer or speak to your credit card or finance provider if you paid that way.

(also I'm not sure if there would be any implications for me if there was a fire and someone found out I had knowingly kept it in the apartment).  

No, I can't see that there would be any. In practice insurers take on the risk that people might have furniture which doesn't comply with current regulations.

tightauldgit

le318 said:

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

Unfortunately nothing you can do. its just a sad fact of the administration process that people owed money are going to lose out. 

Personally id just keep using the sofa and be careful not to set it on fire

le318

Aylesbury_Duck said:

le318 said:

Aylesbury_Duck said:

le318 said:

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

What do you want to challenge?  You are at liberty to keep the sofa if you wish, they're not going to come and seize it.  If you're not happy to on the grounds of risk, then take up their offer or speak to your credit card or finance provider if you paid that way. 

Hi, thank you for your reply. I live in an apartment block and I don't feel the risk to myself and the other residents is worth keeping it for (also I'm not sure if there would be any implications for me if there was a fire and someone found out I had knowingly kept it in the apartment). I appreciate that it's not a huge expense to dispose of the old one and replace it but I'm a working single parent and things have financially been tough for me recently!  

Hmmm, tricky one, I can see the dilemma.  The pragmatic view is that you've had it for nearly three years and it hasn't caused a problem.  You almost certainly have a whole bunch of other possessions that are flammable and/or would give off nasty gases if alight.  It was probably built to older fire regulations and therefore is not technically compliant.  Is it just a case of taking practical steps, such as not smoking near it, making sure it's nowhere near a source of ignition, that your smoke detectors are operational and the batteries are fresh, etc?  You can also buy fire-resistant sofa covers.  That might be cheaper than disposal and replacement. 

If you don't want that risk, then your only option is to accept what they're offering.  You don't have any other legal rights, nor do you have a finance company that's jointly liable.

Thank you for your advice. Good shout re: the sofa covers; I'll look into this

le318

tightauldgit said:

le318 said:

Hi!

I brought a sofa from Oak Furniture Superstore in September 2020. I have recently been contacted them as the product has been recalled (the cover and filling material is not compliant with fire regulations). The company has gone into administration and because of this I have been advised that I can't return it to them or directly apply for a refund- I have been sent a proof of debt form which I have returned to the firm dealing with the insolvency. They have stated that the money I get back will likely be significantly less than what I paid. 

I'm just wondering if there are any legal avenues I can take to challenge this? I'm annoyed that I have to fork out for a new sofa and also cover the cost of disposing of the old one!

Thanks in advance for your help

Unfortunately nothing you can do. its just a sad fact of the administration process that people owed money are going to lose out. 

Personally id just keep using the sofa and be careful not to set it on fire

Thank you, I generally try not to set things on fire  

JetpackVelociraptor

"It was probably built to older fire regulations and therefore is not technically compliant."

Actually it's part of a large range of cheap Chinese imported sofas made with fabrics from a specific Chinese manufacturer that do not meet UK standards. British fire safety standards for upholstery have been in place since 1988, so this is something that is either made to a different countries standard or none, there's no chance it was made to an older standard. Argos also had some affected products that they've pulled off sale.

OP, if you're concerned about your own safety, you could conduct a little test of your own. There's usually a fabric sample attached to the underneath of the sofa, or behind the seat or back cushions. Cut it off, put a match or lighter to it and see what happens. If it immediately melts into flammable goo, I'd recommend you get it out of your house. Bear in mind that you're now aware of the situation with the sofa, if you ever have a fire in your house your insurance will use that as a convenient excuse to not pay out.