Consumer rights successes

MSE_Laura_F

This is a space to let us know about your consumer rights successes.

Did you manage to get a situation satisfactorily resolved? Tell us how you did it.

OIIIIIIIO

I managed to replace my faulty out-of-warranty iPad (from O2), 100% thanks to very helpful advice from this forum. See this thread.

To cut the long story short, initially O2 refused to "uphold my complaint" and refused to replace/repair it free of charge. Both online chat reps and their official complaint service rep went through their standard script trying to reject my claim, initially refusing any help, quoting that the iPad is out of warranty. I had to persistently keep reminding them that I'm not making a warranty claim, and that I'm claiming under the Consumer Rights Act.

Tango1947

I ordered two Italian made leather recliner sofas from an independent furniture store. There was a 12 week delivery and they were delivered on time. However after delivery I noticed a couple of defects. I asked the store twice by email if they would either repair or replace the sofas, but received no reply so visited the store to see the manager. He advised me that he was aware of the problems and had contacted the manufacturer in Italy for advice. 

Several weeks went by with no further communication from the store. So I decided to attempt to fix the problems myself. Whilst doing this I noticed the sofas do not have appropriate fire safety labels. I contacted the store again by email but still no reply.

I was very concerned about the lack of fire labels, as technically this was an illegal sale. I therefore wrote to the local trading standards, via citizens advice, but to my surprise they showed little interest. I assumed they would prosecute the store, but unfortunately they took no action.

I wrote to citizens advice and asked them what was the best thing to do. They advised writing to the store twice, asking for repair or replacement and if they didn't respond, write a third time and ask for a full refund. The store ignored all my letters, so citizens advice suggested legal action was the next option.

I therefore instigated an online money claim (small claims). The court wrote to the store asking them to put forward their response, but once again, they ignored the letter. After 21 days the court ruled in my favour by default, and ordered the store to pay me a full refund.

There was still no response, so I paid an additional fee to instruct the court bailiffs. It took a while, but eventually I received a chequed from the bailiffs office for the full amount plus court fees. I don't know if the bailiffs recovered the money, or removed and sold goods from the store.

The whole process from raising the claim until payment was around 9 months. I received the full amount plus all court expenses. Unfortunately I neglected to claim interest which would have been a few hundred pounds more.

My only problem now is I have two very nice sofas which I cannot sell or give away because of the lack of fire labels, so it looks like they will be going to the tip.

oldagetraveller1

Why not just use them? Don't subject them to any naked flame or heat which might cause combustion.

I can't remember when this fire safety labellng started but unless someone fell asleep when smoking there was never an issue.

Murphybear

Im sorry to hear of your problems with the sofas but glad you got your money back.  Im surprised the manufacturer sent them here without a fire label because the law is very precise on this matter.  Im also surprise a shop wouldn’t check.

as you are aware you cannot sell them but you are allowed to give them away legally as long as no money changes hand. I read this on a recycling site but you may with to check it with CA.   However I concur with the comment, why not use your “free” furniture.  Unless you are a smoker there is little change of them igniting.  

Trading Standards may not necessarily take any action against a firm if this is a one time problem, but they may well do so if others have reported something similar.  Source Citizens Advice 

Tango1947

Unfortunately there are other issues with the sofas, one of which makes them dangerous to use.

How can a sofa be dangerous? They are heavy electric recliners which are supplied in two halves. These are bolted together to make one unit. However the flimsy single point fixing is totally inadequate and the the two halves separate when any weight is applied to the arms. I think it's only a matter of time until the simple plastic fixing snaps and the sofa tips over. 

As for the missing fire safety labels, I did read somewhere that it may affect house insurance. I haven't checked my policy so don't know how true this is.


Giving them away without fire labels seems to be a grey area. Certainly charities will not take them.

GranT49

MSE_Laura_F said:

This is a space to let us know about your consumer rights successes.

Did you manage to get a situation satisfactorily resolved? Tell us how you did it.

I am looking for help with regards to purchasing off a Chinese website and non delivery. Can you point me to the right forum please.

MSE_Laura_F

Hello @GranT49,
It sounds like you're on the right board: Consumer rights. To start a new thread, select the coral-red 'Create New' button and you should see a text box appear. 
Does that work for you OK?

MSE Laura F

lincroft1710

Tango1947 said:

. 

As for the missing fire safety labels, I did read somewhere that it may affect house insurance. I haven't checked my policy so don't know how true this is.

Well anyone who has an antique chair or sofa in their home is going to have a problem then! 

Valli

lincroft1710 said:

Tango1947 said:

. 

As for the missing fire safety labels, I did read somewhere that it may affect house insurance. I haven't checked my policy so don't know how true this is.

Well anyone who has an antique chair or sofa in their home is going to have a problem then! 

Antique furniture produced prior to 1950 is exempt from the legislation https://www.safelincs.co.uk/wooden-antique-and-outdoor-furniture/

Proseccogal

Finally after 9 months battle I have won against Next who claimed (5 months later) that the Nike trainers I had returned in December 22 via a temp Evri courier were swapped out for a used Adidas pair  (indeed they were but not by me!)   Hostile and upsetting accusations to me after being a loyal customer spending several thousand a year for the last 20 years.
  https://forums.moneysavingexpert.com/discussion/6443094/next-charging-for-swapped-out-parcel-goods-scam-and-fee-on-top-consumer-2-next-0/p1?new=1

Escalated to financial ombudsman for the investigation fee and interest which was finally paid last week and then asked for the consumer ombudsman details which I insisted I would use. As it cost them £750 for the case to be investigated by one ombudsman they have gone down the sensible route this week and reimbursed for the trainers.  No apology etc but they have endured costs and lost business so an eventual win for honesty for me!