Faulty SCS Sofa

simpywimpy

I bought an SCS sofa which was delivered on 15th December 2023. By 23rd February it was bowing in the middle to the point where we needed to complain.  SCS sent out their inspection team  who offered a repair in the form of an extra leg in the middle to support it. I refused this as the item had only been in my possession for two months and with Christmas etc in the middle of that, it was more than 30 days old when I lodged the complaint and therefore they say I have no choice but to accept repair only.

SCS say I have to accept a repair because I have had it more than 30 days so I requested a copy of the inspection report which clearly states there is a manufacturing fault. I took this to show that the sofa delivered is not fit for purpose (which it isnt) and have tried both SCS and Nationwide to get my money back and both are refusing.

The sofa is now completely unsafe. The middle of it touches the floor if you sit on it and having had a hip replacement myself, it is dangerous now. Yesterday I had to purchase another one from Next so I have something to sit on while this is sorted out.

Can anyone advise me the best way to proceed with this please? I just want them to take it back and refund but no-one is listening.

PHK

They have the right to do a repair which they are exercising so you need to let them do that. 

If that repair were to fail then you’d have other options. 

the_lunatic_is_in_my_head

Hello OP

They are correct that after 30 days they can repair but they only get one chance so if that repair doesn't work/fails you can then reject for a refund.

Not sure how sticking a leg under the middle of a sofa that is touching the floor in the middle is going to work, perhaps when the repair guy comes out they'll say it's beyond repair.

Aylesbury_Duck

A delicate question, but it may be pertinent:  How heavy are you?  There have been previous posts where sofas, recliners, etc. have failed but where the user is over the weight for which the furniture was designed.  It may be completely irrelevant in this case, in which case you need to see whether their proposed repair is successful before you're entitled to a refund.

simpywimpy

It just seems ridiculous that after just 60 days or so of use and the report saying there is a manufacturing fault that I have to accept a repair ie this extra support leg. What every happened to not being fit for purpose

eskbanker

simpywimpy said:

It just seems ridiculous that after just 60 days or so of use and the report saying there is a manufacturing fault that I have to accept a repair ie this extra support leg. What every happened to not being fit for purpose

You're perhaps considering unfitness for purpose as being a fundamental and irreversible state, but the intention of the repair is to correct the fault and make it fit for purpose, so if it fails to achieve this, then you'd have the right to reject it for a refund.

Aylesbury_Duck

simpywimpy said:

It just seems ridiculous that after just 60 days or so of use and the report saying there is a manufacturing fault that I have to accept a repair ie this extra support leg. What every happened to not being fit for purpose

If the extra leg does its job, isn't aesthetically ungainly and there's nothing else you dislike about the sofa, what's the problem?

If it doesn't work, or it changes the appearance of the sofa, then you have a right to a refund.

daveyjp

An extra leg isn't a repair, its a modification and a bodge.

 If the sofa was supposed to be OK as manufactured and it isn't its a design or manufacturing fault.

A component of the frame is probably damaged or split and it needs replacing.

You can test this by holding under one front corner and lifting the sofa.  If the frame twists and the leg on the other corner doesn't lift there is probably damage.

ccluedo

I had a sofa (not SCS) a few years ago which had a fault. The inspector they sent said it was repairable but when the actual repairer came out he said it wasn't.

I was offered a new replacement, a discount to keep it or a full refund. I chose the latter as I didn't really like it so much in situ anyway. 
Bit of a lucky win win really. 😊

PHK

daveyjp said:

An extra leg isn't a repair, its a modification and a bodge.

 If the sofa was supposed to be OK as manufactured and it isn't its a design or manufacturing fault.

A component of the frame is probably damaged or split and it needs replacing.

You can test this by holding under one front corner and lifting the sofa.  If the frame twists and the leg on the other corner doesn't lift there is probably damage.

I think there should always have been a middle leg otherwise you’d need a massive frame to enable someone to sit in the middle. I guess the repairer will replace the bowed front and/or back rail then add the missing leg. (Depending on the manufacturer the legs are normally added on installation. It could be the delivery team didn’t add the support leg) 

the_lunatic_is_in_my_head

daveyjp said:

An extra leg isn't a repair, its a modification and a bodge.

 If the sofa was supposed to be OK as manufactured and it isn't its a design or manufacturing fault.

A component of the frame is probably damaged or split and it needs replacing.

You can test this by holding under one front corner and lifting the sofa.  If the frame twists and the leg on the other corner doesn't lift there is probably damage.

This is actually a good point, if the extra leg is fitted does the sofa meet the requirements to match the description or model seen? 

OP fit for purpose means fit for a purpose you enquired about so if you specifically ask if a lawn mower can clear brambles, are told yes, but it turns out it can't then that's where fit for purpose comes in. 

Your issue falls under satisfactory quality, which also has a requirement the goods are fit for what they are typically intended but it's more of a durability issue. 

If you saw the sofa in store you could try asking them how fitting the extra leg would comply with Section 14 of the CRA.

https://www.legislation.gov.uk/ukpga/2015/15/section/14

If you ordered online and the images are clear there isn't a leg in the middle you could ask them how fitting the extra leg would comply with Section 11

https://www.legislation.gov.uk/ukpga/2015/15/section/11