Electric recliner chair: fault and complaint

saysummatnice

On 2nd April 2019 I paid Kettley’s, an independent furniture shop, a deposit for an electrically powered recliner chair, then paid in full on 22nd May, both with a credit card. Since the delivery – I think on the same day I have had 6 visits, 4 from Kettley’s, 2 from the manufacturer to try to stop a screeching sound from somewhere inside the chair, as the back is operated. 

Each visit has told me a different story about the cause, and remedy. I haven’t noted the dates of the first 2 visits, but the 3rd visit was only October 2019. The first visit from the manufacturer claimed it was the fabric rubbing, sprayed parts of the fabric with a silicone spray. The noise disappeared for a short time. They left the spray with me but it didn’t work.

 After a further manufacturer’s visit about 10 days ago I had to go to the shop again to make contact with Kettley’s. The man in charge at Kettley’s said he had had a backlog of complaints to deal with… Once again he refers me to the manufacturers, and their report from 17th August 2023, who say the frame is warped as it has been moved, and it is not a manufacturing fault. He went on to say I must have have moved it. That’s the bare bones of my complaint history. Kettley’s give a 10 year guarantee on the mechanisms. They have consistently pushed back on my complaint, and have refused a replacement. Now they simply say it is my fault. This morning I left the shop in anger.

I’m thinking I might try Section 75 for a refund. If that wouldn’t work I can only think it’s the Small Claims Court. Any helpful advice is appreciated. I am feeling daunted by the total lack of a remedy by the retailer, then angry at this latest accusation that I am a customer in the wrong.

Okell

Not much help but if you took delivery on 22 May 2019 and they were called out a third time in October 2019, you should have rejected it for a full refund after they failed to fix the problem at their second attempt.

Now, four years later, you need to demonstrate that the recliner was faulty when you took delivery of it rather than the seller establishing that it was not - which they would have had to do if you'd rejected it four years ago.  [Edit:  I suppose if you have a record of all your complaints and of all their visits that might demonstrate that it had been faulty from purchase]

Even if you can show it was faulty when you took delivery of it four years ago, the seller can deduct from your refund an amount to represent the four years of use you have had from it, so you'd quite possibly get back less than half what you paid for it

How much did you pay for it?  

Alderbank

saysummatnice said:

 ...the manufacturers...report from 17th August 2023...says the frame is warped as it has been moved, and it is not a manufacturing fault. He went on to say I must have have moved it. 

Well, did you move it?
In four years, surely everyone must move every piece of furniture, including the heavy stuff, several times for spring cleaning!
Did they provide instructions for safe use and maintenance? If they state you must never move it, it doesn't sound fit for purpose in a domestic setting.
Does it have rollers or castors? These chairs are often bought by people who are not as agile as they once were.

If they claim for example that although the instructions state you must always move it by pushing the bottom of the frame to move the rollers someone has attempted to move the (very heavy) chair by pulling the top of the backrest, a court might take that as a reasonable explanation so you would need an independent report to state that the chair has always had a fault and the damage was not caused by incorrect use.

saysummatnice

Okell said:

Not much help but if you took delivery on 22 May 2019 and they were called out a third time in October 2019, you should have rejected it for a full refund after they failed to fix the problem at their second attempt.

Now, four years later, you need to demonstrate that the recliner was faulty when you took delivery of it rather than the seller establishing that it was not - which they would have had to do if you'd rejected it four years ago.  [Edit:  I suppose if you have a record of all your complaints and of all their visits that might demonstrate that it had been faulty from purchase]

Even if you can show it was faulty when you took delivery of it four years ago, the seller can deduct from your refund an amount to represent the four years of use you have had from it, so you'd quite possibly get back less than half what you paid for it

How much did you pay for it?  

No thanks for the hindsight remarks.
The previous manufacturer's report gave a different cause. 
It does have castors. I did move it once to hoover, using the castors. Of course that shouldn't have caused the frame to warp.
£1299.

saysummatnice

Alderbank said:

saysummatnice said:

 ...the manufacturers...report from 17th August 2023...says the frame is warped as it has been moved, and it is not a manufacturing fault. He went on to say I must have have moved it. 

Well, did you move it?
In four years, surely everyone must move every piece of furniture, including the heavy stuff, several times for spring cleaning!
Did they provide instructions for safe use and maintenance? If they state you must never move it, it doesn't sound fit for purpose in a domestic setting.
Does it have rollers or castors? These chairs are often bought by people who are not as agile as they once were.

If they claim for example that although the instructions state you must always move it by pushing the bottom of the frame to move the rollers someone has attempted to move the (very heavy) chair by pulling the top of the backrest, a court might take that as a reasonable explanation so you would need an independent report to state that the chair has always had a fault and the damage was not caused by incorrect use.

It's been moved on its castors once, to hoover. I make no claim to be the best housekeeper.
No instructions were given re moving.

PHK

I think what they mean is that the chair has been moved from it's installed position. Recliner chairs need a surprising amount of clearance. If you don't have enough clearance then your weight and the weight of the chair will fight against the reclining mechanism. This result in the mechanism and frame warping .

What sometimes happens is that the chair moves imperceptibly each time someone sits down . Overtime it will creep from the ideal position. If not repositioned. 

Another thing that can cause bending is leaning over the side of the chair (perhaps to get a remote or book) . These type of chairs have higher arms for safety and so its recommended that any table is to the front side. Getting off when the recliner is extended will also warp the frame or mechanism.

screech_78

A section 75 claim is almost certainly going to need a report from you providing proof of an inherent fault. And if you’re successful, any refund would be reduced to take into account the 4 years you’ve had it. 

saysummatnice

Sorry I've taken some time to post further. Last Autumn, after I lost my temper at the Kettleys shop, they suddenly changed their tune, sent another person 'from the manufacturer' who said it was a manufacturing fault. Quite quickly after that I was supplied with a replacement chair. This has worked well since. As a summary I can say that Kettley's were both ineffective and mendacious in dealing with my complaint.