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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought an expensive leather reclining armchair. The mechanism

Resolved Question:

I bought an expensive leather reclining armchair. The mechanism that extends and retracts has failed to work properly and 4 visits from the suppliers repair team has failed to solve the problem and now the chair is stuck in the extended position. Whilst the shop is trying to get a response from the supplier I am annoyed by the time it is taking for the manufacturer to get back to me
I have no confidence they can repair it properly. It had parts replaced during its guarantee period but it failed again within a month.
Can I reject the chair as being unfit for purpose?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.When did you buy this please?Alex
Customer: replied 1 year ago.
Ordered 8.1.15
Delivered 10.3.15
First major repair 23.2.16
Expert:  Ash replied 1 year ago.
How many times has it been repaired?
Expert:  Ash replied 1 year ago.
Did you pay for it on credit card at all?
Customer: replied 1 year ago.
5 visits from repair team. 4 specifically over this issue.Paid for by credit cardWarranty is for 2 years
Expert:  Ash replied 1 year ago.
Do you know the cost of getting someone else to look at this to correct this?
Customer: replied 1 year ago.
Correction. 3 visits relating to the chair mechanism.The chair is a socialised one and they have to take off the leather from the side where the small electrical censors are to address the problem. I can only imagine that the original Italian mAnufacturer has the knowledge to resolve the issue. The chair cost £1895
Customer: replied 1 year ago.
Should read specialised
Expert:  Ash replied 1 year ago.
But if you got a second opinion and quote to get it fixed what would that be?
Customer: replied 1 year ago.
I have no idea where I would go to get anyone with the knowledge to do the job
Expert:  Ash replied 1 year ago.
Ok, if you can get a quote then do to get it fixed. Otherwise you have a claim for breach of contract from the supplier.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.As you paid by credit card then the card issuer is ALSO jointly liable under Section 75 of the Consumer Credit Act and they should be named as 2nd Defendant.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
What year Consumer Credit Act?
Expert:  Ash replied 1 year ago.
No, this would be the Sale of Goods Act 1979.Does that clarify?Alex
Customer: replied 1 year ago.
Is the phrase not fit for purpose appropriate?
Expert:  Ash replied 1 year ago.
Not fit for purpose or of suitable quality.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thank you
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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