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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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In April this year we bought a G-Plan Washington setee and

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In April this year we bought a G-Plan Washington setee and one chair. We have only had it 6 months at the end of October and have had a G-Plan representative back to look at it to no avail and also the Managing Director of Taskers Furniture Group. The problem is that every time you sit on it the material stretches and goes into folds and you have to straighten out the material on the seats. Also it is going lighter in patches where you sit and down the front where your legs are. It is looking like an old rag after a short period of time.
There is only myself and husband at home, no pets or children. The material is wearing shocking.
Both the G-plan rep and the Director said it is just \a matter of dressing the suite but every time someone comes or you get up you have to keep stretching the material back into place! The Director also arranged for an upholsterer to come and he had to pack one of the corners. Is there any chance of a claim for this suite being shoddy
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.
Did the upholsterer resolve the issue?
Customer: replied 2 years ago.

The upholsterer came twice once to take pictures of the setee and made no comment then after when the Director had been he came again to pack the corner and we showed him the shading on the chairs and the looseness of the material, it wasn't his job to comment as he worked for the company

Expert:  Jo C. replied 2 years ago.
Have you seen his report?
Customer: replied 2 years ago.

No I havn't. The expert from G-Plan sent his report to the Director I then had to ring the furniture company to see what was happening. We told him we weren't pleased and he came out to look at hit saying it was just a matter of dressing it. He also said that the marking on the seat was just shading of the material, but it has gone worse. The Upolsterer who came from the furniture company to take pictures and to fill the corner reported back to the Director.

Expert:  Jo C. replied 2 years ago.
You need an independent upholsterer to inspect this and to give you a written report of what is wrong with it.
Armed with that report you are then in a position to take action against the seller. Please note that liability for this is with the retailer and not the manufacturer.
If the goods are defective the seller is in breach of the provisions of the Sale of Goods Act in that the goods are not of satisfactory quality or fit for purpose.
If this is a manufacturing defect in the material they are also in breach of the provisions of the Supply of Goods to Consumer Regulations because the goods have to be free from manufacturing defects for 6 years.
However it is a high burden because you have to prove that the fault existed at the time of manufacture and that is not easy in another 5 years time.
For that reason, you need to rely on the Sale of Goods Act.
After 6 months with an item such as this which is expected to last many years, it is reasonable to assume that the fault manufacturing fault existed at the time of manufacture.
After this time however your remedy is not to reject the goods and ask for refund but have compensation (another word for damages) which could actually equate to the cost of recovering the suite or even another suite.
If you paid by credit card you can file a section 75 claim with the credit card company which puts the burden with regard to quality onto the credit card company along with the retailer.
If it's on hire purchase, you can do exactly the same with the finance company.
Ultimately, if the manufacturer and the retailer refused to do anything apart from the above remedies with the finance providers you are faced with taking the retailer to court. For that you are going to need the evidence I mentioned earlier.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience: Over 5 years in practice
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