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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I purchased a leather suite from DFS in October 2009. Within

Resolved Question:

I purchased a leather suite from DFS in October 2009. Within four weeks I wrote to them stating that I was unhappy how quickly the seating area had sank. Later I had to write again as the rise and tilt chair was wobbling from side to side and had left a black mark on the carpet. The customer service manager has visited my house on several occasions.
The rise & tilt chair stopped working completely. Once again the CSM came out and discovered the wire to the control was damaged, looking as if a stanley knife had been run round it. This had blown the motor. Again there was a stain on the carpet.
I have requested the chair is replaced or returned to the manufacturer for full investigation as it is not fit for purpose and I am within the six year obligation.
DFS say I will have to pay for any parts as their two year guarantee is over.
Could you please advise if this is correct and, if not, what my next course of action should be. Thanks.
Mrs Aileen Atkin
01283 545612
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. You are no doubt already aware that your rights under the Sale of Goods and Services Act are with the retailer rather than the manufacturer.

taratill :

The fact that there is a two year guaranteee does not mean that your statutory rights do not apply. So long as you can show that the sofa is not fit for its purpose your rights still apply.

taratill :

I would suggest you contact trading standards and ask for a reference number and write to the retailer to say you wish to exercise your rights under the Act.

taratill :

You should ask for a repair or a replacement and say that if they refuse you will take them to the County Court under the Act.

Customer:

I understand that much but if the chair is repaired do I have to py for the new parts?

Customer:

Sorry, slight time delay!

taratill :

Not if it was not fit for the purpose. The fact that there is a 2 year guarantee does not replace your rights under the Act. This is why you should write in the manner I have suggested.

taratill :

The fact that such a long time has elapsed will mean that you will have to demonstrate that the damage is not due to normal wear and tear so you may have some argument from them on that basis.

taratill :

The fact that you have complained about the chair from the outset will assist you.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thanks for confirmation of what I already thought.

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