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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70121
Experience:  Over 5 years in practice
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We purthased 3 piece suite 1 Arcot 3 str rec, 2Ascot rec chair

Customer Question

We purthased 3 piece suite 1 Arcot 3 str rec, 2Ascot rec chair s. After 1Week we noticed that the left side of the 3 seater had dropped 2 inches we had it on 24-04 -2013 been in touch with HAPPY HOME furnishers they want to come out to repair please give some advice thanks S V Jones
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles

Are you not content with a repair?
Customer: replied 4 years ago.

we did not want it repaired as it was only one week old please give advice on what we should do ,we did ask to have the 3 seater rec exchanged they said no as they did not have one in stock, we paid by credit card s v jones

Expert:  Jo C. replied 4 years ago.

This is a purchase to which the Sale of Goods Act applies. That will mean it must be ‘fit for purpose’. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.

You have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it.

In fairness, you did complain within a week and its not an insignificant fault. You could argue that it was never accepted. There is obviously a risk in that because you might not succeed but all cases carry risks. Its not a reason not to pursue them.

Failing that, you are entitled to demand that it is repaired ‘as new’. If that cannot be done then your rights to a refund are revived and that won’t carry risks. If they cannot put this back in good order then they will have to refund you and they will know that.

There should be no reduction in the purchase price. You have had this a very short time and without any real use of it. If they offer you a lesser sum then refuse. You would get the full price if you went to court.

In relation to your credit card, that does add an extra layer of protection but it doesn’t really make all that much difference here. In a nutshell S75 CCA gives you the same rights against you credit card company as against the seller. That is great if the seller goes under or they are based abroad etc. in a case like this where they seem to be UK based and remain trading, you may as well sue the seller if anybody is to be sued. Courts are generally sympathetic to people who take that action.

Its very unlikely you would have to go to court anyway. If they cannot repair this then they would refund in full as soon as you issued even if they didn’t make that offer immediately.

The only contentious issue might be whether or not you can still reject it under the SGA. If you are intent upon doing that then there is certainly an argument in your favour on the point. You can issue against them here

If you need to. However, if you are intent upon doing that then you should not allow the repair. As soon as you do that the Court will say that you have allowed a repair and so cannot reject.

Hope this helps. Please let me know if you need more information.

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