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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12086
Experience:  30 years as a practising solicitor.
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I recentlly bought 2 couches from SCS in Greenock. When they

Customer Question

I recentlly bought 2 couches from SCS in Greenock. When they were delivered there was a number of marks on the fabric which were very obvious. I had not noticed these marks in the store. My husband and I phoned the number for the helpline that was on the paperwork that we had been given. It was agreed that they would send out an upholsterer to view the materiel that we were complaining about. This took a few weeks as the firm only sent the upholsterer out when there was a number of jobs in the area for him to look at. The upholsterer photographed the marks and asked if we would be satisfied if the marked material was replaced. I said that would be fine. Since then my husband was informed by a member of staff that the 2 couches had already been in another customers house for up to 5 weeks before they were put into the sale. We have received a letter from the firm that the material will not be replaced. They are now saying that it is not a manufacturing fault but rather the fabric reacting in a completely normal way and showing a natural charecteristic of chenile.
I recently took the very marked cushions into the shop and the staff did agree that they were marked.
I am now left wondering what is our next step. Should we now go to a lawyer for advice as I feel that the company is shirking their duties. I would never have bought couches that had been in somoene else's house. If I had wanted second hand furniture I could have bought a suite from a charity shop. Could you advise me on what are the options open to me now?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

I really wish I had a pound for every time I hear of this situation!

Shops like this typically always deny that there's something wrong with the product, they take ages to send an upholsterer out and the upholsterer invariably says that it's not a defect but a characteristic of the suite.

Sound familiar?

It's all nonsense.

The opinion of the upholsterer is irrelevant unless you were told that the fabric marking was a characteristic BEFORE you bought the suite, NOT AFTER. The Sale of Goods Act 1979 says so. It also says that you can reject goods of unsatisfactory quality and claim damages, usually the purchase price.

The option open to you now is to see a lawyer who will write you a letter of rejection and if necessary sue the shop for your money back. These shops are so arrogant and have such poor after sales service that only this from a lawyer will kick them into touch.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.