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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I bought a suite on 17thdec 2013 the cushions have deflated

Resolved Question:

I bought a suite on 17thdec 2013 the cushions have deflated to half the original size within 6 days. I reported the fault within 14days and said I was rejecting the goods as they were faulty and to request a refund. I was told the manufacturer would contact me but they haven't. ihave hip problems and need a seat of a certain height, which the suite was before the cushions flattened.can u tell me if I can insist on a full refund or do I have to accept repairs or a replacement.thank you carol ohara
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much were you cost?
Customer: replied 3 years ago.

the suite cost £800 plus £40 delivery

Customer: replied 3 years ago.

the suite cost £ 8oo and del was £40

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

Have you tried chasing them?

Do you know why they haven't contacted you?

also, what does it have to do with the manufacturer? You bought from a store I presume?
Customer: replied 3 years ago.

I just keep getting told the manu will contact me . I thought my contract was with the shop. that is why I am asking you to clarify if I can get my money back.


 

Expert:  Jo C. replied 3 years ago.
Thank you.

Your contract is with the shop and your rights under the sale of goods act are enforceable against them rather than the manufacturer.

Clearly, this fault was discovered within the 1st 6 months of sale and so there is a presumption in your favour that the propensity to develop this fault existed at the time of sale.

They are entitled to come round and inspect the suite which is fine but they haven't done that. It might be that the faults can be put right and if so then they could argue that it is disproportionately expensive for them to offer a full refund. However, there are not inspecting and you cannot be expected to wait forever.

I would suggest sending them one letter saying that if they do notPay in full within 21 days of the dates of the letter then you will sue but the small claims court. If they do not then issue against them here

www.moneyclaim.gov.uk

It's quite unlikely that it will come to this but if it does then it is cheap enough to issue at the Small Claims Court.

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

Jo
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/