Credit card section 75 requires independent report

movinghouse27

I bought a sofa that makes a noise whenever anyone moves on it. After a month the noise had not lessened with wear, so I reported it to the retailer. They arranged an independent inspection, but the assessor said it wasn't a fault because fabric can make noise when rubbing together.

I visited the retailer's shop and tried every sofa, and none made any noise. The noise is so frequent and loud that it is uncomfortable to move while sitting on it. The retailer refused to discuss it with me after receiving the inspection report.

The sofa has been discontinued, so a replacement isn't possible. I have also noticed significant sagging and now sit in a noticeable dip, although I haven't reported this because I don't want the retailer to offer a repair while the noise remains an issue.

I made a claim under Section 75 with my credit card, but they have asked for an independent report, which would cost at least £150 and isn't affordable for me.

I'm looking for some advice on what to do next and how to ensure my claim is successful so I don't end up out of pocket and stuck with a sofa I can't use.

Alderbank

https://forums.moneysavingexpert.com/discussion/6673808/credit-card-section-75-requires-independent-report

Welcome to the forum.

'…I'm looking for how to ensure my claim is successful…'

Wow, that's quite an ask and I'm not sure we can guarantee that!

To start with, can you share some facts with us, such as who the retailer is and a time line of events including when the sofa was delivered, when you complained, etc.

You've told us what remedies you don't want (repair or replacement) but not what you do want.

What outcome would you like us to ensure is successful?

Grumpy_chap

I bought a sofa that makes a noise whenever anyone moves on it. After a month the noise had not lessened with wear, so I reported it to the retailer. They arranged an independent inspection, but the assessor said it wasn't a fault because fabric can make noise when rubbing together.

I visited the retailer's shop and tried every sofa, and none made any noise. The noise is so frequent and loud that it is uncomfortable to move while sitting on it. The retailer refused to discuss it with me after receiving the inspection report.

The sofa has been discontinued, so a replacement isn't possible. I have also noticed significant sagging and now sit in a noticeable dip, although I haven't reported this because I don't want the retailer to offer a repair while the noise remains an issue.

I made a claim under Section 75 with my credit card, but they have asked for an independent report, which would cost at least £150 and isn't affordable for me.

I'm looking for some advice on what to do next and how to ensure my claim is successful so I don't end up out of pocket and stuck with a sofa I can't use.

I struggle to understand what type of noise a sofa could really make. Especially a fabric sofa. Some leather products can make a noise when you sit on them. I assume it is not a power recliner?

Is the noise definitely the fabric, or is it the filling in the cushions? Possibly air movement?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/6673808/credit-card-section-75-requires-independent-report

The cost of the report would be added to your claim but obviously if the report is inline with the previous inspection saying there's nothing wrong with it then it's your cost to bear.

Unfortunately there are often up front costs to making a claim, its why in other forms of litigation David rarely beats Goliath because their budgets can be eroded before it ever gets in front of a judge

the_lunatic_is_in_my_head

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day

If dealing with the retailer the above applies and you'd then need to get something saying otherwise, Section 75 gives you the same rights against the credit provider so in theory the same applies and as above the cost of the inspection should be refunded if in your favour.

Are you sure the retailer used an independent company for inspection? If you think another inspection would find in your favour the credit provider will be regulated and that gives you the option of going to the ombudsman if you aren't happy with their actions which encourages them to behave better (than some of these national retailers who do everything possible to fob you off).

Goods are required to be of satisfactory quality, which includes (but is not limited to)

https://www.legislation.gov.uk/ukpga/2015/15/section/9

(c)freedom from minor defects;

I wouldn't expect the framework of a sofa to squeak once it been used for a couple of months, you have up to 6 months from delivery to seek a full refund (from either the retailer or the credit provider) so if you are unsure on whether another inspection would find differently you could leave it a bit longer to see if the sofa settles.

movinghouse27

https://forums.moneysavingexpert.com/discussion/comment/82046955#Comment_82046955

It's just a standard 2 seater sofa. I've never heard anything like it so maybe that's why the retailer isn't acknowledging it as a fault. I did send them a long audio file which they didn't acknowledge either. I can't really compare it to anything else, but it is like the sound of bare skin on a leather sofa, except its a tweedy fabric.

born_again

https://forums.moneysavingexpert.com/discussion/comment/82047807#Comment_82047807

As you are claiming from CC, they need a report from a expert on the issue. Audio file proves noting in reality