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  • FIRST POST
    • ChopperST
    • By ChopperST 28th Jun 18, 11:33 AM
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    ChopperST
    Sofa - Extended Warranty Claim
    • #1
    • 28th Jun 18, 11:33 AM
    Sofa - Extended Warranty Claim 28th Jun 18 at 11:33 AM
    Wonder if anyone can help. We have a 3 year old sofa that we paid for a 5 year warranty on. The sofa has begun to crack and the insurers have agreed this is an insurable event. They have attempted to repair but this made the cracking worse.

    They have procrastinated for 6 weeks and now suggested reupholstering the side where the cracking is evident. They have said it is "highly unlikely" they will be able to match the cream leather and there will be a colour difference. This is part of a three piece set so will not match the other furniture in the room. We have rejected this as a solution.

    The whole thing has been dragging on 5 months now.

    Reading the ombudsman's guidance on such policies it suggests we need to be put back in the position we were before the damage / defect took place. For us if the insurer cannot repair to sofa to match the other side and other furniture then our reasonable expectation would be for them to write off the sofa and refund us the full cost. Is that fair and reasonable from us or would we have to let them attempt (a second) repair before going down this avenue.

    Thanks in anticipation.
Page 1
    • paddyandstumpy
    • By paddyandstumpy 28th Jun 18, 11:49 AM
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    paddyandstumpy
    • #2
    • 28th Jun 18, 11:49 AM
    • #2
    • 28th Jun 18, 11:49 AM
    It depends if their wording extends to replacing undamaged items. If it doesn't, you can't claim for them.
    • ChopperST
    • By ChopperST 28th Jun 18, 11:51 AM
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    ChopperST
    • #3
    • 28th Jun 18, 11:51 AM
    • #3
    • 28th Jun 18, 11:51 AM
    It depends if their wording extends to replacing undamaged items. If it doesn't, you can't claim for them.
    Originally posted by paddyandstumpy
    The policy terms do cover replacement goods if "repair is uneconomical" up to the purchase price paid.
    • paddyandstumpy
    • By paddyandstumpy 28th Jun 18, 11:55 AM
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    paddyandstumpy
    • #4
    • 28th Jun 18, 11:55 AM
    • #4
    • 28th Jun 18, 11:55 AM
    Right, but you're asking them to replace items which don't need repair.
    • eddddy
    • By eddddy 28th Jun 18, 12:11 PM
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    eddddy
    • #5
    • 28th Jun 18, 12:11 PM
    • #5
    • 28th Jun 18, 12:11 PM
    The policy terms do cover replacement goods if "repair is uneconomical" up to the purchase price paid.
    Originally posted by ChopperST
    But they're not saying repair is uneconomical.

    They're saying that they only want to replace the part of the sofa that is faulty/damaged.

    Most furniture warranties specifically allow that to be done. Some even specifically warn that the colour of the replaced part might not exactly match the original parts of the item of furniture.

    (I guess that seems a bit 'undesirable', but if that's what the warranty says, and the buyer went ahead and bought with those terms...)
    • ChopperST
    • By ChopperST 28th Jun 18, 12:16 PM
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    ChopperST
    • #6
    • 28th Jun 18, 12:16 PM
    • #6
    • 28th Jun 18, 12:16 PM
    Thanks for the replies.

    Would it be reasonable in that case to ask for the whole sofa to be reupholstered so at least the panels (3 seater) all match.
    • eddddy
    • By eddddy 28th Jun 18, 12:21 PM
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    eddddy
    • #7
    • 28th Jun 18, 12:21 PM
    • #7
    • 28th Jun 18, 12:21 PM
    Thanks for the replies.

    Would it be reasonable in that case to ask for the whole sofa to be reupholstered so at least the panels (3 seater) all match.
    Originally posted by ChopperST
    Realistically, it would be reasonable to ask them to do whatever the warranty terms say they must do.

    Like I say, if the warranty terms allow them replace just the damaged/faulty piece of leather - I guess that's all you can expect them to do.

    You probably need to read the warranty terms to check.
    • eddddy
    • By eddddy 28th Jun 18, 12:29 PM
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    eddddy
    • #8
    • 28th Jun 18, 12:29 PM
    • #8
    • 28th Jun 18, 12:29 PM
    ... Or if you feel that the sofa wasn't of 'reasonable quality' when it was sold, because the leather has now cracked after 3 years - you could try pursuing the retailer (not the insurer) under the Consumer Rights Act 2015 (or The Sale of Goods Act 1979).

    But that would probably involve the expense of getting expert reports etc, and a much harder fight.

    But if the experts back you up, you might (or might not) get a better outcome.
    • macman
    • By macman 28th Jun 18, 4:30 PM
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    macman
    • #9
    • 28th Jun 18, 4:30 PM
    • #9
    • 28th Jun 18, 4:30 PM
    No way are you going to get a full refund of the new cost. You've had 3 years use from the sofa, so I doubt if it's now worth a third of what you paid. Secondhand furniture has very little value.
    No free lunch, and no free laptop
    • ChopperST
    • By ChopperST 26th Nov 18, 11:59 AM
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    • 771 Thanks
    ChopperST
    No way are you going to get a full refund of the new cost. You've had 3 years use from the sofa, so I doubt if it's now worth a third of what you paid. Secondhand furniture has very little value.
    Originally posted by macman
    Just an update on this for anyone in a similar boat. The insurers were unsuccessful in repairing the defect or ordering replacement parts. They offered us a credit note not only to the value of the sofa but for the whole three-piece suite (4000) and we have ordered a replacement.
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