Oak Furnitureland - faulty furniture - replacement wanted

KittenChops

Hi all,
I'd be grateful for any advise on this, even if I'm not going to like it!
We ordered some "solid hardwood" bedroom furniture from Oak Furnitureland (OFL) in Jan 2023 - 4 matching items: 2 x bedside tables, tallboy & chest of drawers, plus their "5 year accidental and structural protection" and the order came with a free tin of furniture wax (we were told to use this every 6 months).

Timeline:
Furniture was delivered in early Feb 2023 - we paid for delivery to the bedroom & assembly.
One of the items, a tallboy, was sent straight back due to a fault (can't remember exactly what, but I think there was an obvious fault with the top of it)
A second tallboy was delivered shortly afterwards but the delivery team saw a different fault with it before they even got it into the house, so this was also returned.
A third tallboy was delivered mid Feb 2023 & this is the one we still have.

All furniture was waxed inside & out as per instructions with the supplied wax within 24 hours of delivery (the tallboy obviously at a slightly later date than the other 3 items).

Not long after this, probably mid Mar 2023, I called OFL to report that the tallboy drawers were getting stuck & difficult to pull out / push in.  Someone from Homeserve came & sanded the outside of the drawers / inside of the tallboy.  All waxed again.

In Jun 2023, I called again to report the same problem & again Homeserve came out to sand & wax (they also waxed part of the painted wall!)

All furniture was waxed a second time not long after this visit, and was waxed again in Feb 2024 - so we have kept to the "wax every 6 months" guidelines.

Fast forward to now, and all 5 drawers on the tallboy are sticking again - 3 of them I can't close properly (I probably could with some brute force but I don't want to damage anything).

The tallboy is a couple of feet from our bedroom radiator & the chest of drawers is the same distance away on the other side.  The chest of drawers & both bedside tables are fine, it's only the tallboy we are having problem with, which makes me think it's not heat from the radiator causing the problem.

I called OFL yesterday to report the problem for the third time and ask for a replacement tallboy as I believe there is an inherent fault with it.  I was told no way would they replace it, it's out of warranty (over a year since delivery) and I should claim on the insurance (which doesn't cover for any problems present when delivered - but I hadn't checked this while on the phone so didn't make this point).  I asked to speak to a manager but this was declined.  In the end, we settled for Homeserve to come out again to inspect - because I said they've already repaired it twice & it has the same problem.

Having just spoken to Homeserve, they think they are coming to repair it again, so I have not booked the appointment.  I called OFL back again, spoke to a different person, who basically repeated what the first person said - my only option is for Homeserve to repair it.  I said what if we keep this furniture for 30 years, will Homeserve come every 6 months or so & repair it?  Didn't really get an answer to that...

So from my point of view:
We have had the tallboy for 13 months (am kicking myself for letting this go beyond a year)
It has the same fault that was present at delivery
OFL will only offer another repair

Do I have any rights to push for a replacement?

the_lunatic_is_in_my_head

Hello OP

Consumer rights would mean rejecting the furniture (either the Tallboy or the whole lot from the one order) but would require, should OLF request, you to show on the balance of probabilities the furniture is "faulty". 

As you've had the furniture for longer than 6 months they can reduce the refund to account for use but solid oak furniture should last a very long time and I expect any deduction to be minimal. 

Regarding the issue, heat from a radiator would dry the wood causing it to shrink giving you the opposite effect of the problem you are suffering. In contrast if the room were very damp the wood could swell as it absorbs moisture which would cause something like drawers sticking. 

It does sound odd as given they've been out and sanded the thing I wonder if the grove has been cut too narrow, the runners it sits on are bowed or twisted or some other kind of defect like the drawers not being true.  

If you have an OLF store ear by I'd be tempted to take a drawer with you and check it against one instore to see how it compares. 

If you wanted to go down the consumer rights avenue I'm not sure who would inspect the piece, perhaps an independent furniture maker? 

To add, I would assume the first line of customer service is tasked with getting you to go away, something like this is probably better being put to their head office.  

KittenChops

the_lunatic_is_in_my_head thank you so much for your quick reply

Interesting about heat from the radiator being more likely to cause the opposite effect, as both times Homeserve have been out they've mentioned the radiator as being a possible cause and I have pointed out that the chest of drawers is just as close but is fine.

I was given an email address to use for a complaint on the call today, so I think I will try that & see what happens.  Is there any particular consumer rights jargon I should include please?

the_lunatic_is_in_my_head

KittenChops said:

the_lunatic_is_in_my_head thank you so much for your quick reply

Interesting about heat from the radiator being more likely to cause the opposite effect, as both times Homeserve have been out they've mentioned the radiator as being a possible cause and I have pointed out that the chest of drawers is just as close but is fine.

I was given an email address to use for a complaint on the call today, so I think I will try that & see what happens.  Is there any particular consumer rights jargon I should include please?

Generally furniture should be made from dry wood, I guess if the room were damp and the wood took on water but it was then quickly dried by the radiator later blasting heat, and that cycle happened each day, it could cause movement that could effect the drawers running smoothly but you'd expect the same from the chest of drawers given they are in the same environment and work on the same principle. 

Right to repair or replacement is here 

https://www.legislation.gov.uk/ukpga/2015/15/section/23

but the important part to note is 

(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—(a)is impossible, or(b)is disproportionate compared to the other of those remedies.

and they may argue a replacement is disproportionate to another repair which would lead you to the final right to reject* which is covered here:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

with the important bit being

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

*There is also the right to keep the goods and seek a price reduction but I don't think that would really be useful in this instance. 


I mentioned above you can, if you wish reject the whole lot, or just the tallboy which is covered here:


https://www.legislation.gov.uk/ukpga/2015/15/section/21
(1)If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the consumer—

(a)may reject some or all of the goods that do not conform to the contract, but

(b)may not reject any goods that do conform to the contract.

So what that means is if only the tallboy has an issue but you also have 2 x bedside tables & chest of drawers on the one order you can reject the whole lot or just the tallboy but can't reject the tallboy, chest of drawers and keep the bedside tables if that makes sense. 


Whilst it may be better for you to just reject the tallboy and buy another from OLF that hopefully doesn't have this issue dropping a mention that you are aware of your right to reject the lot might be a good tactic to use during negotiation, not something I would open with but if you face resistance the prospect of them ending up with all 4 back might make them more willing to simply the replace the tallboy for you or not go heavy on a deduction for use. 


Hopefully I've written that all in a way that makes sense  

KittenChops

the_lunatic_is_in_my_head thank you so much again - that is brilliant - I'm going to read through it again after I've posted this just to make sure I understand it all!

KittenChops

the_lunatic_is_in_my_head - does this sound ok to you please?  I think I may be pushing it re the bit I have bolded near the end...

I am writing to complain about one of the four items in order ofl-xxxxxx, the tallboy which was delivered mid Feb 2023; this was the third tallboy as the previous two had obvious faults at time of delivery.

I called you in mid Mar 2023 to report that all 5 drawers on the tallboy were sticking to the point of being impossible to open or close them fully.  HomeServe attended & sanded the drawers / inside of the unit.

I called again in Jun 2023 to report the same problem, again HomeServe attended & sanded the drawers / inside of the unit.

I called again on 19th Mar 2024 to ask for a replacement tallboy; there is clearly an inherent fault that was present at time of delivery as neither repair has permanently resolved the issue.  I was first told to claim on the insurance, which specifically states that faults present at time of delivery are not covered.  I asked to speak to someone more senior but was told this wasn’t possible.  I then agreed for HomeServe to come out again but only to inspect the tallboy, not to repair it again.

Having spoken to HomeServe today, they confirmed that Oak Furnitureland have asked them to repair the tallboy again, so I have not made the appointment as this wasn’t what was agreed with yourselves.

I called you back again today to discuss.  Again, I was not allowed to speak to someone more senior and the only remedy you were prepared to offer is for HomeServe to repair the item once again.  I asked if we were to keep the furniture for 30 years, are HomeServe going to come out every six months or so to keep repairing the item?  I did not receive an answer to this question.

The tallboy cost £394.99 and is made of solid wood.  It has been waxed regularly as per the instructions at point of sale.  It has not been treated any differently to the other three items in the order, and none of those are exhibiting the same issue.

The tallboy clearly isn’t fit for purpose so I would like you to collect it & deliver a replacement.  I am exercising my rights under the Consumer Rights Act 2015; as I made Oak Furnitureland aware of the fault in Mar 2023 and have already allowed two attempts at repair which have not resolved the issue, I believe I can still exercise my right to reject.

I would refer you to the following online articles on the government website:

My rights to repair OR replacement: https://www.legislation.gov.uk/ukpga/2015/15/section/23

My rights to reject: https://www.legislation.gov.uk/ukpga/2015/15/section/24

Please keep all correspondence relating to this complaint in writing (email is fine).  I look forward to your response in line with your published complaints procedure.

the_lunatic_is_in_my_head

Hello OP

Slight tweaks below, please check for any of my typos as there are often some and if that does not get what you need post back with their response and we can help further  

If you Google CEO email and search that site for Oak Furnitureland, there is an email contact there for a higher level of customer service, you can cc that in along side which ever email address you have. 

Did you pay for the order using their finance or a credit card by any chance? 

---------------------------------------------------------

Dear OLF

I am writing with regards to order ofl-xxxxxx, which contained 4 items one of which was a tallboy. The first two tallboys delivered were returned at the time of delivery due to a noted fault and the third was delivered mid Feb 2023.

I called you in mid Mar 2023 to report that all 5 drawers on the tallboy were sticking to the point of it being impossible to open or close them fully. HomeServe attended & sanded the drawers / inside of the unit.

I called again in Jun 2023 to report the same problem, again HomeServe attended & sanded the drawers / inside of the unit.

I called again on 19th Mar 2024 to ask for a replacement tallboy as I was yet again experiencing the same issue; there is clearly an inherent fault that was present at time of delivery as neither repair has permanently resolved the issue.  

I was advised told to claim on the insurance, however this specifically states that faults present at time of delivery are not covered.  I asked to speak to someone more senior but was told this wasn’t possible so I then agreed for HomeServe to come out again but only to inspect the tallboy, not to repair it for a third time.

Having spoken to HomeServe today, they confirmed that Oak Furnitureland have asked them to repair the tallboy again, so I have not made the appointment as this wasn’t what was agreed with yourselves.

I called you back again today to discuss.  Again, I was not allowed to speak to someone more senior and the only remedy you were prepared to offer is for HomeServe to repair the item once again however I do not feel it is acceptable to have to continually be inconvenienced by repeated repair attempts. 

The tallboy cost £394.99 and is made of solid wood.  It has been waxed regularly as per the instructions at point of sale.  It has not been treated any differently to the other three items in the order, and none of those are exhibiting the same issue.

It is my view that the tallboy does not conform to the contract in terms of satisfactory quality and as such I would like to request a brand new replacement be arranged.  

If you are unable or unwilling to replace the tallboy I shall be exercising my final right to reject as per Section 24 of the Consumer Rights Act 2015.

I kindly ask that you reply to this correspondence in writing (email is fine) rather than via telephone so that I may begin to retain a full record of all correspondence.

Thank you in advance for your time and I look forward to resolving this matter in an amicable manner,

Sincerely,

KittenChops

KittenChops

the_lunatic_is_in_my_head   Thanks again
I have sent it, copying in the CEO, and have already had an auto acknowledgment email back
I paid at least some of it on a credit card so I know i have that to fall back on if necessary (no finance)
I'll report back...

TELLIT01

Just because one piece of furniture isn't apparently affected by the proximity to the radiator doesn't mean another wouldn't be.  Every piece of timber can react slightly differently and very slightly uneven floor can cause movement which could certainly result in close fitting drawers and doors binding.

Where does the pipework for the radiator run?  Does it run under or behind the tallboy and not behind the unaffected item?

KittenChops

TELLIT01 said:

Just because one piece of furniture isn't apparently affected by the proximity to the radiator doesn't mean another wouldn't be.  Every piece of timber can react slightly differently and very slightly uneven floor can cause movement which could certainly result in close fitting drawers and doors binding.

Where does the pipework for the radiator run?  Does it run under or behind the tallboy and not behind the unaffected item?

Hi Tellit01 - the floor isn't uneven - the radiator pipework runs under the chest of drawers, not the tallboy

KittenChops

Update:
So I sent the email on Thursday 21st March at around 9:30am
I had a missed call from OFL later that afternoon & a voicemail asking me to call (despite asking for everything to be in writing)
I had another call on Friday which I answered; long story short, a replacement tallboy will be delivered early April (earliest date that worked for me) & the other one collected at the same time.  Apparently they are going to check the tallboy prior to dispatch (shame that wasn't done on the original order as two went straight back to OFL).  All confirmed on email.

Overall I'm happy as I'm (hopefully) going to get a working piece of furniture - even the person who called me said if they kept on repairing the one we have, eventually they'll sand it down to nothing.  But why can't their front line staff answering the phones have a process for escalating issues, something which the two people I spoke to said was just not possible.  If I had no knowledge of consumer rights (which I owe to this site & forum - thank you!), I most likely would have felt I had no option but to accept another repair...

Massive thanks to the_lunatic_is_in_my_head again!