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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11423
Experience:  30 years as a practising solicitor.
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Received new sofas, two days after delivery informed retailer

Resolved Question:

Received new sofas, two days after delivery informed retailer and manufacturer of seating problem- seats sink and base bulges etc. told by manufacturer that would not receive refund as upholsterer needs to view, date for said upholsterer is taking too long and I am being inconvenienced as I cannot use sofas. Tried talking to retailer but very difficult! Can you advise, do I have any rights at all, mentioned Sale of goods but didn't bother him at all.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

This is a classic example of the retailer trying to fob you off with an upholsterer who will undoubtedly tell you that it can be repaired or it's supposed to be like that. I could probably guess the retailer because they do it all the time.

You do not have to accept this. Tell the retailer, and confirm it in writing, that you are rejecting the goods as they are of unsatisfactory quality under section 14 of the Sale of a Goods Act 1979. You wish a full refund. Their failure to uplift and give you a refund within 72 hours will result in court proceedings against them.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
Hi
I did state in letter sale of goods act and that I had not accepted sofas, they are adamant that an upholsterer must view . Spoke to manager of Ogilvies inverness and he keeps on saying no refund , have contacted trading standards through CAB and my credit card company but will take 5-7 days before any things done. Just don't know how to get through this and get refund at end.
Expert:  JGM replied 3 years ago.
If they want to view the sofas they can do so but they can't take all year over it. Get your lawyer to write to them in huge strongest terms or alternatively sue them in the small claim court for the purchase price.

You can get the forms and guidelines at www.scotcourts.gov.uk

Apart from the steps you have already taken these are your alternatives.
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