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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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Good evening, In march last year I took delivery of three piece

Resolved Question:

Good evening, In march last year I took delivery of three piece suite costing £2350.00 and an extra £177 for arm caps and £225 for Guardsman treatment. In May I notified the retailer that I wasn't happy with the cushion covers as they had big patches of light and dark brown . It was inspected on behalf of the manufacturer and told it was a characteristic of the fabric due to the pile flattening. The retailer visited again and admitted he would not be happy with the suite if it was in his lounge and spoke to manufacturers yet again. They eventually agreed to replace the cushion covers. I received three covers on 28th Feb and the fourth one arrived on the 7th March. These four covers have gone exactly the same way. The suite looks dirty and old. What rights do I have to get some compensation. To have it recovered is going to cost over a thousand pounds. I would appreciate your help. Thank you. Anne Thompson
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.

What would you like to know about this?
Customer: replied 3 years ago.

Can I claim any compensation from the retailer ?The suite is just one year old and been complaining for the last 8 mths.


 

Expert:  Jo C. replied 3 years ago.
Is this a feature of the fabric, albeit an undesirable one, or is there something wrong with the fabric?
Customer: replied 3 years ago.

It is probably a feature of the fabric but it no suitable for the purpose its been used for i.e sitting. The pile is not very high , like a ..thin pipe cleaner .You cannot brush it up to original look. It gives the look of shading, dark and light and on the colour of the suite it does show up.

Customer: replied 3 years ago.



Expert:  Jo C. replied 3 years ago.
This is a matter for the seller and not the manufacturer.

The Seller appears to admit that there is a problem with this by virtue of the fact that he said he would not be happy to have it in his house.

However that is his opinion based upon how it looks rather than an expert opinion based upon the fabric. There may be lots of things that he would not like in his house but that does not necessarily mean that there is anything wrong with it.

If this is a fabric similar to Velvet where the pile lays down and gives a shadow effect, but can be brushed back up again, there is nothing you can do if you do not like the effect.

If however there is a fault in the fabric you do have a claim under the Sale of Goods Act that the goods are not of satisfactory quality.

Whether something is of satisfactory quality or not depends on the facts and the evidence.

What you are going to have to establish therefore is whether there is something defective in the fabric which causes this problem or whether it’s just happens to be the nature of it.

You’re also going to need to prove that this has not had some kind of abnormal use and if you end up in court with this you are going to need a piece of the fabric which does not show this characteristic such as the back or reverse of cushion and a piece which does.

What does not assist you is the fact that the suite is now 12 months old and whilst, however it does appear that you have been complaining about this was some time and well within the 12 month period which is seen to be reasonable under the Sale of Goods Act.

There is another piece of legislation which will possibly help you and that is the Supply of Goods to Consumer Regulations which says that goods must be free from manufacturing defects for six years however the onus is on you to prove that it is a manufacturing defect and that may be quite difficult.

Ultimately, if the seller will not agree to refund you or recover this you will have no option but to get it done yourself, pay the cost and sue the dealer in the Small Claims Court.

If you paid by credit card you can file a section 75 claim with the credit card company which puts liability on to the credit card company jointly with the retailer.

Can I clarify anything for you?
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