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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70281
Experience:  Over 5 years in practice
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Purchased a 3 pieces suite in July 2015,we questioned the retailer

Customer Question

Purchased a 3 pieces suite in July 2015,we questioned the retailer about the way the springs were installed and were told'that is the way the manufacturer does it,and there is no cause for concern'.After having the suite for 9 weeks,an armchair started making a pinging noise from the front springing,we notified the retailer,who paid a visit and informed us he was seeing the local rep of the manufacturer the following evening and he would get straight back to us,we waited a whole week without hearing from him and wrote to the retailer with our concerns as the sofa had begun making the same noise and we were not happy with the suite we did not think it would last us a' reasonable time',nor did we feel it was 'fit for purpose' and asked for a full refund.The retailer has contacted Trading Standards and has been informed we are not entitled to a refund due to the length 'of time we have had the suite.A s we are not prepared to have a repair done after this short period of time as we don't feel the suite will last for a reasonable length of time,where exactly do we stand?.Thank you,Harry.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
It isn't quite as simple as either TS or the CAB suggest. Neither of them are really very good sources of advice.
However, the short answer is that a refund is not likely I'm afraid. The issue isn't really the length of time you've had it which is actually only about three months. The issue is this.
Clearly there is a fault. That has been detected within the first six months of purchase and so the presumption is in your favour that it existed at the time of sale. The SGA sets down that a customer is entitled to a refund, repair or exchange at their choosing unless the merchant can show one or the other is disproportionately expensive. With expensive items like this, that is what they rely upon.
Also, a fault of this nature is not usually sufficient to trigger a refund without an attempt at repair.
That said, he does have to offer another remedy such as a repair. He doesn't seem to have done that. I don't know whether that is because you are refusing entry or just that he hasn't done it.
Im very sorry but that is the reality. Unless he caves in, a court would not order a refund I'm afraid.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Hi Jo,sorry I didn't say that an offer of repair Has been made but we have declined it because we don't think the suite is of good manufacture and feel this fault could occur in the future.If we agree to a repair can we insist that they supply us with exactly the same amount of seating that they will be taking away and that there will be no cost to us at all?.Also,what rights do we have if the suite becomes defective in the future?Harry.

Expert:  Jo C. replied 1 year ago.
I'm not sure what you mean? They will be repairing your existing suite and returning it?
But you done have a right to courtesy suite in the meantime I'm afraid.
Future faults are difficult to predict. If another arises in a few months then the SGA is engaged like normal. If it is in ten years then probably not. It depends on the nature of the fault.
Customer: replied 1 year ago.

The question asked was,will we be responsible for any costs:transport or such like?.

Expert:  Jo C. replied 1 year ago.
No, they should cover transportation.