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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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I bought a sofa in late 2007 for twelve hundred pounds. It

Customer Question

I bought a sofa in late 2007 for twelve hundred pounds. It had a five year warranty. In early 2011 it developed a serious fault. I contacted the store from which I purchased it, they inspected it and offered me a replacement from the manufacturer. Due to the serious nature of the fault I have lost complete confidence in the manufacturer and do not want a like for like replacement. I articulated this to the store. I suggested a different replacement to the same value. They agreed. Through 2011 I visited the store on numerous occasions but could not find anything that appealed to my taste in furniture. I then asked the store for a refund. The store manager said that he would have to make arrangements through the stores head office. I was told on the couple of occasions that I chased the issue, that head office would be in touch. I waited. By 2012 I recieved a letter stating that a like for like replacement was waiting for me at the store. I declined it. I had bought another, elsewhere. After since trying to negotiate with the store I have decided to sieze the bull by the horns. Could you tell me what rights I have, please? Many thanks.
Submitted: 3 years ago.
Category: Law
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.

What action are you hoping to take now?
Expert:  Jo C. replied 3 years ago.
Hi

Can you respond?
Customer: replied 3 years ago.


Sorry. I would like to obtain a full refund for the faulty furniture.

Expert:  Jo C. replied 3 years ago.
Does the warranty offer a full refund?

Bearing in mind that an exchange was available.?
Customer: replied 3 years ago.


I don't know if it does. I just seem to remember a small piece about a manufacturers warranty.

Expert:  Jo C. replied 3 years ago.
What does that say?

Can you remember?
Customer: replied 3 years ago.


I can't remember what it said.

Expert:  Jo C. replied 3 years ago.
No, of course you won't know off hand but is it possible to check.

Its not likely that I can tell you what rights you have under the warranty unless you can tell me what it said.
Customer: replied 3 years ago.


I suppose I will have to contact the manufacturer to be sure. I had hoped, whatever the terms of the warranty, a dangerous fault on furniture should entitle me to some form of redress. Also I will work out how to rate your answers from now on. Many thanks. Speak soon.


 


Charles

Expert:  Jo C. replied 3 years ago.
You do have other rights under the general law but the warranty may render all that unimportant.

The difficulty that you have here is that you had the sofa for four years before the fault developed and the Sale of Goods Act is unlikely to offer more for you at Court than they were offering. They were offering a replacement. Its not likely that the SGA would give you rights to a refund and if you did get rights to a refund the amount would be so reduced to reflect the use you've had from the sofa that it would not be worth having.

You can sometimes refuse replacements on the basis of 'losing faith' but you need a really substantial reason. The fact that there was a fault within 4 years which they quickly resolved is not likely to be sufficient I'm afraid.

Its unfortunate that you have bought another. Your only option now is to sue or write the money off. It would be irresponsible of me to tell you that you have a strong chance of recovering everything at court though I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo