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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience:  Over 5 years in practice
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I purchased some furniture from Prestige Furniture in newton

Resolved Question:

I purchased some furniture from Prestige Furniture in newton abbot a while back but was hoping to move in with partner at the time so had it stored in his annexe which wasn't used in the wrap it came in for protection the relationship broke down recently so I had it delivered to my address the drawers were taken out to as its heavy and needed to go up stairs an when looking the framework has been poorly made in every place a screw has been screwed in the wood is split and im not happy with it. I went to prestige to explain my issue and sent my pictures to their customer service who said they wont do anything as they give 7 days from delivery to exchange but surely they should guarantee this as it was made to order but the quality isn't good and it was expensive. I was hoping you can tell me if I have any rights as I wanted to buy the matching wardrobe but im disappointed with their attitude in customer services with this. I have told them I was going to get advise from you.
I await your reply
***** *****house
*****@******.***
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
I need to know whether they should exchange or give some money back as that is poor quality or very rushed work I'm not happy x
Expert:  Jo C. replied 2 years ago.
How long ago did you buy?
Customer: replied 2 years ago.
About 6 months but never been used just stored in original packaging x
Expert:  Jo C. replied 2 years ago.
Was it within six months or without? Its an important date.
Customer: replied 2 years ago.
Oh I would need to check my diary for exact dates and get back to you sorry
Expert:  Jo C. replied 2 years ago.
Thats fine. Come back when you like.
Customer: replied 2 years ago.
Hi the furniture was delivered on Friday 13th December 2013 between 1-5 pm hope this helps x
Expert:  Jo C. replied 2 years ago.
And have you only raised the issue now or some while ago?
Customer: replied 2 years ago.
On Sunday when I had it delivered to my address
Expert:  Jo C. replied 2 years ago.
Thanks.
Where has it been since December?
Customer: replied 2 years ago.
It's been kept in my ex partners annexe that his late mother use to live in which is not used. There is damage on the outside but I except that could just be because because it got knocked but the actual framework that's down to poor workmanship
Expert:  Jo C. replied 2 years ago.
Thanks. When did you buy? I need to know whether the complaint was raised within 6 months of purchase?
Customer: replied 2 years ago.
The purchase was a good 3-4 months before as they make to order I don't know exact dates
Expert:  Jo C. replied 2 years ago.
Is there any chance you could find that out? Its really important. It will change your entire position.
I can be around when it suits you.
Expert:  Jo C. replied 2 years ago.
Alternatively I can give you both outcomes?
Customer: replied 2 years ago.
I've just found old diary and I placed order on Sunday 12th may 2013
Expert:  Jo C. replied 2 years ago.
Thanks.
If you purchased in May then you are way out of time but if it was only delivered in December then time would run from that date. That said, you are still outside of the first six months.
The distance selling regulations do not apply here because this was a product made to specification and anyway you are out of time.
You can drop down on the Sale of Goods Act. Under that legislation there will be a presumption in your favour if the fault is reported within 6 months. Thereafter it is for you to prove that a fault existed at the time of sale.
Their point is that there has been a delay in complaining which is not consistent with a fault of this nature. I realise that you do have an explanation for that which may or may not be accepted at court but it is an extra hurdle to overcome.
At this stage, all you could realistically expect is an exchange or a repair. It is likely to be too late to claim a refund unless, of course, they agree.
If they will not offer anything though then your only option is to sue for return of the money. Its likely to be a small claims court sum so it will be cheap enough to issue.
its a good idea to send a letter before action giving them 14 days to pay and making clear that in default you will sue.
If they still refuse then you can issue here
www.moneyclaim.gov.uk
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience: Over 5 years in practice
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