Faulty sofa

Manxman_in_exile

km1500 said:

you repay them the £800 they gave you - that puts everyone back to square one

They then remake you two new sofas.

I think you're right.

It puts both FV and the OP back in the position they would have been in had nothing been wrong with either or both sofas in the first place.

Aylesbury_Duck

Grey1966 said:

Thank you for your replies, I've received an email this afternoon from fv they say they have listened to the phone conversation and admit that it was agreed they would replace both sofas, however they're adamant they would still want the £800 if they replace both because we took a price reduction for a previous fault on the sofas, (not the current fault that we are arguing about now)
Cheers again. 

That makes sense, I can see why they're asking for £800.  You had an £800 reduction on the two current sofas, to reflect the problems you had with them, a reduction you were happy with to keep the sofas.  The current fault may be a different one, but if they're entirely replacing two sofas, the £800 discount you had is obsolete - you're not entitled to the same discount on the new sofas they'll send, because they won't be faulty.  Paying them £800 puts you back where you were at the start of the original contract - two new sofas at the original sale price you agreed to.

tightauldgit

Aylesbury_Duck said:

Grey1966 said:

Thank you for your replies, I've received an email this afternoon from fv they say they have listened to the phone conversation and admit that it was agreed they would replace both sofas, however they're adamant they would still want the £800 if they replace both because we took a price reduction for a previous fault on the sofas, (not the current fault that we are arguing about now)
Cheers again. 

That makes sense, I can see why they're asking for £800.  You had an £800 reduction on the two current sofas, to reflect the problems you had with them, a reduction you were happy with to keep the sofas.  The current fault may be a different one, but if they're entirely replacing two sofas, the £800 discount you had is obsolete - you're not entitled to the same discount on the new sofas they'll send, because they won't be faulty.  Paying them £800 puts you back where you were at the start of the original contract - two new sofas at the original sale price you agreed to.

Accepting a price reduction on the sofas because of the first fault doesn't alter your statutory rights though does it? When Fault B arrives you still have the same right to a repair or replacement on that new fault. The only difference would be I think that any refund would be limited to what you actually paid (i.e. the initial amount less the £800)

So I think you would still have a legal right to get the sofa repaired or replaced - and shouldn't have to give them any money back. 

The only issue for me is that they probably only need to replace the one sofa with a fault and not both but I don't see how them having to replace the sofa because it's faulty creates a takesy backsy for the initial price reduction. 

Aylesbury_Duck

OP said that FV offered solutions but OP rejected those and elected to place a whole new order, for both sofas.  That's why they're being asked to pay the £800.  I think you're correct that had they asked for the (one) sofa to be repaired or replaced, then FV couldn't have asked for money, but they elected to cancel the original order and start again.

tightauldgit

Aylesbury_Duck said:

OP said that FV offered solutions but OP rejected those and elected to place a whole new order, for both sofas.  That's why they're being asked to pay the £800.  I think you're correct that had they asked for the (one) sofa to be repaired or replaced, then FV couldn't have asked for money, but they elected to cancel the original order and start again.

That's slightly different to how I interpreted the OP - I thought the company had offered a new set of sofas as a remedy to the fault which the OP agreed to as a fix. Then apparently they changed their mind later and said you can only get one unless you give us £800. 

Even if you feel that they can recover the price reduction on the second sofa because they are replacing it without a  fault I don't see how they can recover the price reduction on the one that is faulty and they have an obligation to repair/replace - so at best surely they could ask for £400 back?

I think the sofa company is playing a bit fast and loose here and making things up as they go along. To my mind the £800 was a remedy for the first batch of faults. That is done and dusted with. It shouldn't even be a consideration now. 

Aylesbury_Duck

That's a possibility, perhaps we need more clarity from OP on exactly what was offered, and under what terms.

sheramber

a phone call later from fv they now say if we wanted both sofas we would have to pay £800 I

That sounds like they are  replacing the faulty one but the OP has to pay for a replacement for the other one.