Consumer rights - new sofa

[sophiepop]

We purchased a new sofa in September that has 'issues'. We called the company and they sent the manufacturer out and he was useless, the sofa still had the same problems.

After many phone calls the retail company sent out an unbiased inspection company. They have agreed that there are problems and that they can repair them for me, no charge!

I am thinking that they should replace the entire thing rather than repair? You wouldn't accept M&S sending a jumper off for stitching so why should we have a repair?

What are my rights?
Thanks

[lizzie145]

It depends what the repairs are. I had a creaking sofa, got a man out and he repaired it there and then.

[maidmarian]

Originally Posted by sophiepop

We purchased a new sofa in September that has 'issues'. We called the company and they sent the manufacturer out and he was useless, the sofa still had the same problems.

After many phone calls the retail company sent out an unbiased inspection company. They have agreed that there are problems and that they can repair them for me, no charge!

I am thinking that they should replace the entire thing rather than repair? You wouldn't accept M&S sending a jumper off for stitching so why should we have a repair?

What are my rights?
Thanks

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Hope it wasn't Clayton's?

[sophiepop]

Originally Posted by lizzie145

It depends what the repairs are. I had a creaking sofa, got a man out and he repaired it there and then.

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The recliner is about 4 inches out of alignment which I would be ok with them repairing. The main problem for me is that the entire thing is covered in creases. The guy thinks if he filled the cushions more that would make the creases disappear (he said they are under filled anyway) but my worry is that it would make the cushions rock hard? He said I could then say I wasn't happy and they would have to come up with another way to get rid of the creases.

[sophiepop]

Originally Posted by maidmarian

Hope it wasn't Clayton's?

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No, it was KC Sofas

[Claudette]

Originally Posted by sophiepop

I am thinking that they should replace the entire thing rather than repair? You wouldn't accept M&S sending a jumper off for stitching so why should we have a repair?

What are my rights?
Thanks

See more...

If you had had your jumper for three months and then found a fault, it is unlikely M&S would refund and they would be very kind to send it for stitching.

Anyway the legal situation is that you had the right to insist upon a refund during the first thirty days, so you are out of time on that now. If you did ask for a refund back then, you might have a tenuous claim that you were in time, but I think accepting the inspection would make that hard to argue.

So at this point you do have to accept a repair if that is what they are offering. During the first six months (but after thirty days) the retailer has the right to choose whether to refund or repair. However they only get one chance at this. If they repair but you are still not satisfied then you do not have to accept a second repair, you can insist upon a refund.

After six months the legal status changes in that the onus then falls upon the buyer to demonstrate that there was a fault. In your case with the track record of correspondence, this wouldn’t be hard.

The appropriate action at this point, would be to accept the repair and make it clear you want both recliner and the creases rectified. Then if you are still not satisfied, insist upon a refund in accordance with the Consumer Rights Act 2015. You do not have to put up with them finding another way to rectify the creases, they get one chance.

[JAF]

We had problems with a carpet from a well known company and they said they would repair (which meant the black wool had to be removed and correct colour put in). The repairer was excellent he started to do the repair but soon realised it was much worse than the carpet shop had thought and phoned through and told them it needed replacing. You might find if a repairer comes out he/she also can see that it can’t be repaired and will request a replacement.

[sophiepop]

Originally Posted by Claudette

If you had had your jumper for three months and then found a fault, it is unlikely M&S would refund and they would be very kind to send it for stitching.

Anyway the legal situation is that you had the right to insist upon a refund during the first thirty days, so you are out of time on that now. If you did ask for a refund back then, you might have a tenuous claim that you were in time, but I think accepting the inspection would make that hard to argue.

So at this point you do have to accept a repair if that is what they are offering. During the first six months (but after thirty days) the retailer has the right to choose whether to refund or repair. However they only get one chance at this. If they repair but you are still not satisfied then you do not have to accept a second repair, you can insist upon a refund.

After six months the legal status changes in that the onus then falls upon the buyer to demonstrate that there was a fault. In your case with the track record of correspondence, this wouldn’t be hard.

The appropriate action at this point, would be to accept the repair and make it clear you want both recliner and the creases rectified. Then if you are still not satisfied, insist upon a refund in accordance with the Consumer Rights Act 2015. You do not have to put up with them finding another way to rectify the creases, they get one chance.

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Thank your your reply.

The supplier has just called saying that they don't intend to repair just yet and that the inspection was done to help them sort it with the manufacturer. Fingers crossed we are moving in the right direction.

[sophiepop]

Originally Posted by Claudette

If you had had your jumper for three months and then found a fault, it is unlikely M&S would refund and they would be very kind to send it for stitching.

See more...

I did tell them that we weren't happy quite quickly. We allowed 4 weeks after the sofa had arrived to see if the creases would go. Thank goodness we did as it looks like 3 months is the limit to complain?

[GoldenAvalanche]

Just to say that actually when my DS's M&S trousers ripped after only one day, they did have the option to repair! They offered a replacement too (couldn't refund as I wanted the other pair, multipack.

It would be quite wasteful to get rid of a sofa that can be repaired, if it can be made like new, though I'd expect a bit of price reduction for the bother of it all.