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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I purchased a leather sofa from harveys 1yr ago which has an

Customer Question

I purchased a leather sofa from harveys 1yr ago which has an extended certificate of insurance for 5 yrs.
Noted 3 months ago it was peeling and cracked in parts.Since my complaint they sent out an inspector who claims it is as a result of the way the sofa has been cleaned by me resulting in the damage.Again I have complained they have suggested I obtain an independent Upholstery report.I am at my wits end with this case and is axcious for it to be resolved by means of a refund of my £2,600.00 which I have paid for the goods that is not fit for the purpose.Please advise.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question. My name is Tony, I can answer your question.

tdlawyer :

Do you have any objection to getting an independent experts report?

JACUSTOMER-7jxm74u0- :

yes

tdlawyer :

Can you explain why to me please?

JACUSTOMER-7jxm74u0- :

the onious should not be down to me .

tdlawyer :

If you had complained with the first 6 months, then yes, you would be right and the law expressly states that. However, you complained at month 9 from what you've said, although to be fair, you didn't know any earlier. However, the onus of showing that it is now unsatisfactory/unfit falls to you to some extent. This is because they have their own evidence which says that it's fine and that it was down to what you did to it.

JACUSTOMER-7jxm74u0- :

hence the dispute

Expert:  Jo C. replied 3 years ago.
Hi.

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

I see the expert has opted out.

I am sorry but I can confirm that his answer is correct. Come what may, the sale of goods act is clear and the onus is upon you to prove that the fault existed at the time of sale because your complaint was outside of the first six months of sale. Also it is a general principle of law that the party bringing the claim has the burden of proof.

That is not to say that it cannot be done though. The only issue is that the onus is upon you but many people do succeed in bringing claims after the first six months of sale. You only have to make a judge more sure than not that there is a fault to get home at the civil courts.

I'm just offline for about an hour an half but I can pick up later if you want to know anything else.

Jo

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