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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47415
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Morning! I purchased 2 x Electric Reclining Chairs from Furniture

Customer Question

Morning!
I purchased 2 x Electric Reclining Chairs from Furniture Village in 2013 (with a 5 year guarantee) I recently noticed that the electric mechanism is 'slicing' the carpet each time i recline the chair (both chairs do this - one is worse than the other) as a result the carpet and underlay are sliced down to the floorboards! (about a three inch cut). I called FV and they sent out a technician who has reported (and confirmed) that there is a manufacturing fault and the mechanism has been bolted to the chassis too low, thus causing the rip to the carpet. The chairs cannot be repaired. Furniture Village have asked me for 2 quotations to replace the carpet, which I have submitted - I am still awaiting the outcome of this. On another note they have said that they will give me a partial credit on the faulty chairs that I can put towards buying new ones in the FV Store! My argument is that the goods were faulty prior to entering my home, and I appreciate its 3 years later, but are they not obliged to replace them like-for-like? plus compensation for the torn carpet - Many thanks in advance for your assistance - Gavin
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what are you hoping to get out of this? Do you want a replacement?
Customer: replied 1 year ago.
Hi Ben
As the product is a manufacturing fault and cannot be repaired - I was wanting 2 x replacement Chairs, and compensation for the damaged carpet (for which i have submitted 2 x quotes to Furniture Village)
Expert:  Ben Jones replied 1 year ago.
Are these chairs still sold by the retailer?
Customer: replied 1 year ago.
We were asked to visit a FV store to look at replacement models - at this stage I presumed that they were asking us this as they were going to replace them (no mention was made of a partial refund) the exact model wasn't on display, but a similar model is and I emailed FV back with the model name
Expert:  Ben Jones replied 1 year ago.
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. So at this stage you are not rejecting the goods and asking for e refund but are asking for a repair or replacement. As you are 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. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take if they refuse to assist and you want to seek compensation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Thanks!
Am i also entitled to compensation for the damaged carpet? the whole amount or a percentage?
Expert:  Ben Jones replied 1 year ago.
Yes of course, it is direct damage caused by a faulty product so they will have to compensate you. However, it is only to an amount to place you in the same position you ere in before the damage, so if it was an old carpet you cannot expect it to be replaced with a brand new one - they can, but you will expect to pay parts of it. Hope this clarifies?
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Morning Ben.
Please see attached letter I sent to Furniture Village, and their reply - the chairs new are £1,174 each - and they want to offer me £901 !!! I still believe they are legally obligated to replace - where can i go from here?
Expert:  Ben Jones replied 1 year ago.
Hi I cannot see an attachment can you please try again
Customer: replied 1 year ago.
Oops! See attached
Expert:  Ben Jones replied 1 year ago.
You should be allowed to replace the chairs with something of equivalent value, at present they seem to be giving you half their value which is incorrect. You cannot force them to give you what you want or even what they should at this stage and only a court can do that. So if they do not budge you may have to take matters further. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.