Faulty Sofa within 6 Months & S75

aaronbiggs

Hi MSE community - really could do with your advice on this. 

I purchased a luxury expensive sofa from Natuzzi and it has started to sink in, the mechanisms don’t work as intended and the recliner is slightly bent. It is now 5 months since delivery from the retailer which was bought on a Credit Agreement.

I contacted the retailer however they didn’t respond for over 4 weeks. I told the finance company that I would like to pursue a s75 as they are jointly liable. The retailer rang me a week later to say they would be sending an engineer to inspect on the day of the call which was declined since it was very short notice. I have since emailed the retailer again to rearrange the appointment and there has been no response for two weeks. The finance company has asked me to wait a further 3 days for the retailer to contact me to agree an engineer visit date. It has now been 3 days and no call. 

What rights do I have? Can I now tell the finance company and retailer that I would be rejecting the goods and setting aside the finance agreement on the basis of CRA 15 s.23 - if the consumer requires the trader to repair or replace the goods then the trader must do so within a reasonable amount of time and without significant inconvenience? 

It has now been nearly 7 weeks since we notified the retailer of the faulty goods and this is really bothering us since we are unable to use the sofa anymore and are resorting to dining chairs.

appreciate your advice on this! 

Sending good vibes.

Mark_d

The finance company asked to to wait 3 days, which you have now done.  So call them back and advise that you are rejecting the goods on the grounds that the retailer has failed to fix/replace the item within a timeframe approaching 2 months

aaronbiggs

Mark_d said:

The finance company asked to to wait 3 days, which you have now done.  So call them back and advise that you are rejecting the goods on the grounds that the retailer has failed to fix/replace the item within a timeframe approaching 2 months

Hi Mark - thanks for your input! 

I paid a £1,000 deposit via a debit card and the rest on the credit agreement. 

What is the appropriate recourse for the deposit payment. Is the Credit Provider liable for that also or would I need to make a small claims if the retailer doesn’t play. 

HillStreetBlues

aaronbiggs said:

Mark_d said:

The finance company asked to to wait 3 days, which you have now done.  So call them back and advise that you are rejecting the goods on the grounds that the retailer has failed to fix/replace the item within a timeframe approaching 2 months

Hi Mark - thanks for your input! 

I paid a £1,000 deposit via a debit card and the rest on the credit agreement. 

What is the appropriate recourse for the deposit payment. Is the Credit Provider liable for that also or would I need to make a small claims if the retailer doesn’t play. 

With a S75 it's the whole amount paid so includes the deposit on your debit card.