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  • #1

    What are my rights?

    We purchased a new sofa and two armchairs from our local furniture store and they were delivered 28.June 2016 (last week). The furniture is grey in colour and the scatter cushions - supplied by the manufacturer are red in colour.
    After five days we noticed that there were red marks on the armchairs and sofa, and removed the scatter cushions. We contacted the store and the manager came yesterday, took some photos, and was going to send these on to the manufacturer. He had already contacted the manufacturer before coming here, and they told him that this was the first problem that they had encountered with this suite and colour combination.
    We are waiting to hear back from the store, but I wanted to find out just what our rights are vis- a-vis complete replacement/money back etc. This was not a cheap suite and I am hoping the store offer complete replacement or money back. Does the Consumer Act 2015 apply here?
    Any advice, particularly from Jo, would be greatly appreciated.
    Tags: 1st, 2015, 2016, advice, breach, breach of contract, card, cca, comi, con, consumer, contract, credit, credit card, family, faulty, faulty goods, money, national, october, paid, refund, rights, store
  • #2
    Re: What are my rights?

    Originally posted by Exclus View Post
    After five days we noticed that there were red marks on the armchairs and sofa, and removed the scatter cushions. We contacted the store and the manager came yesterday, took some photos, and was going to send these on to the manufacturer.
    So assuming that the red marks are the same as the scatter cushions the fault here is that the dye on the cushions is not 'fast' and has leached onto the sofa.

    Originally posted by Exclus View Post
    He had already contacted the manufacturer before coming here, and they told him that this was the first problem that they had encountered with this suite and colour combination
    I doubt this very much and sounds like the usual excuse trotted out by manufacturers

    Originally posted by Exclus View Post
    Does the Consumer Act 2015 apply here.
    I would believe so as long as you purchased the sofa after 1st October 2015 (and you've not been waiting months for delivery!). Important thing here is time is against you - you have 30 days to make sure that you reject IN WRITING the faulty goods and requesting a full refund.

    It would also be useful to understand how you paid for this? If you paid using credit card, then you can use S75 as they are jointly liable with the retailer for any breach of contract, and you could get your money back from them.
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!


    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Re: What are my rights?

      Thanks so much for your prompt reply.
      We ordered on the 14th May 2016 - delivery 6 weeks later - and paid by cheque. The red marks are the same colour as the scatter cushions, so it's obvious what has caused this.
      The store is a large family owned business, not a national outlet, and we have bought a lot of things from them before now. Once they come back and let us know just what they intend to do - hopefully today - we can put in writing about rejecting the goods.

      Comment

      • #4
        Re: What are my rights?

        Originally posted by SaltnVinegar View Post

        It would also be useful to understand how you paid for this? If you paid using credit card, then you can use S75 as they are jointly liable with the retailer for any breach of contract, and you could get your money back from them.
        You can also use s.75 of the CCA if it was paid by means of a credit agreement in the store as long a sit was the goods that were financed (not just a personal loan).
        Legal Disclaimer
        I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

        If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

        Comment

        • #5
          Re: What are my rights?

          Thanks for the interest and advice. Good news is that the furniture store has agreed to refund our money in full.
          Took ages to find the right suite, which turned out the wrong suite, but we are back on the hunt again!

          Comment

          • #6
            Re: What are my rights?

            Originally posted by Exclus View Post
            Thanks for the interest and advice. Good news is that the furniture store has agreed to refund our money in full.
            Took ages to find the right suite, which turned out the wrong suite, but we are back on the hunt again!
            Great news, and good to hear that the store are doing the right thing. I wonder if being a family run business means that the focus on customer care is more than you'd got if you'd gone with one of the big chains (in fact I know that to be case after the nightmare someone had on here with a defective sofa)
            "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

            The consumer is that sleeping giant.!!


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: What are my rights?

              Brilliant xx
              if you do it today and you like it you can always do it again tomorrow

              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

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