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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a high end sofa 8 years ago which in the last year

Customer Question

I bought a high end sofa 8 years ago which in the last year the fabric has stared to rip and Frey .. It turns out the fabric used was only 13000 rub tests - " for occasional use only" well below the 50- 60k rubs used for sofa fabrics - as it is outwith the 5 year guarantee period the company will only offer a discount on a new sofa or the fabric to recover it at £750- I still have to recover it £1500 plus the fabric - so I'm out of pocket .. The sofa fabric wasn't fit for purpose in my opinion and hasn't lasted ... What do you suggest?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

Under the Limitation Act 1980 you have 5 years to bring a claim for breach of contract (which is what this is) from the date of purchase.

Alex Watts :

That means that the time limit expired 3 years ago

Alex Watts :

Sadly you are out of time to bring a claim and it is time barred, which is an absolute defence

Alex Watts :

I am sorry if this is not the answer you are after and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

I would though contact the merchant and see if they will do anything. But sadly they are under no obligation to do so

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-6x5iss17- : Thank you for your answer - that clarifies the situation for me
Alex Watts :

If I could invite you to rate my answer today please.

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply!