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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44862
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I don't seem to get any help from harveys or any other furniture

Customer Question

I don't seem to get any help from harveys or any other furniture store what am I to do next sylvia
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is the nature of the issues you have experienced with this store please?
Expert:  Ben Jones replied 1 year ago.
Hello Sylvia, I see you have had an issue with a chair. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.
The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:
1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.
2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.
A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.
As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.
You can find your local Trading Standards Office here:
http://www.tradingstandards.uk/advice/index.cfm#postcodesearchform
If you wanted to make a claim for compensation for the value of the chair then you can do so via the Small Claims Court here:
www.moneyclaim.gov.uk.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

not getting any help and when I talk to them they are not very welcoming with anything it looks to me that they don't really care or want to help they just want me to go and get some help from some somebody else thanks sylvia

Expert:  Ben Jones replied 1 year ago.
The issue is that you cannot force them to help you - in an ideal world they would try and assist their customers but unfortunately they cannot be forced to. So if you get no help from them, I suggest you still contact them and give them a 'final warning' so to speak, advising them that the next step is Trading Standards and/or court. Also try and pursue their official complaints procedure in full. If none of this works then I am afraid you will have to consider the next steps as mentioned - either Trading Standards or court - they are there if you have been unable to resolve things directly with the retailer. Hope this clarifies things for you?
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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